Agenda packet — Patterson City Council, April 5, 2022

City of Patterson Page 1 Updated 3/31/2022 3:43 PM
Agenda
City of Patterson
City Council Regular Meeting
April 5, 2022
7:00 PM
Council Chambers
1 Plaza
Patterson, CA 95363
To minimize the spread of the COVID-19 virus, this hybrid meeting will be held in accordance with certain requirements of the Ralph M. Brown Act, Patterson City Council Resolution No. 2022-10, and the Federal Americans with Disabilities Act. If you would like to attend the Council meeting in person, it is strongly recommended to wear a face covering and maintain appropriate social distancing. Please Note: Seating is limited and set on a first come, first serve basis. Seat reservations will be accepted as soon as a City Council meeting Agenda/Packet is posted. To reserve your seat, please contact the City Clerk at (209) 895-8012 or by email [email protected] by the deadline of 5:00 p.m. a day in advance before a scheduled City Council Meeting.

Regular City Council meetings are scheduled on the 1st and 3rd Tuesday of each month at 7:00 p.m. The agenda/packet are posted after 5 p.m. the Thursday before a scheduled Tuesday City Council Meeting.

MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING IN PERSON OR VIA TELECONFERENCE BY CALLING 1-669-900-9128, MEETING ID: 693 538 4239, PASSWORD: 20995363 AND WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT. JOIN FROM A PC, MAC, IPAD, IPHONE, OR ANDROID DEVICE BY USING THIS URL:
https://us02web.zoom.us/j/6935384239?pwd=ZmZwMFdYajRsTjlKTnNTamZCWXFXdz09

THE MEETING WILL BE TELEVISED OR AVAILABLE FOR PUBLIC VIEWING ON COMCAST CABLE CHANNEL 7 ON THE FOLLOWING DAYS: WEDNESDAY AT 3:00 P.M., FRIDAY AT 8:00 P.M. AND SATURDAY AT 12:00 P.M. OR WATCH ON INTERNET VIMEO LINK: https://vimeo.com/channels/patterson/
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (209) 895-8012. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II] City of Patterson Page 2 Updated 3/31/2022 3:43 PM
The City Council agenda and supporting public documents are available for viewing in City Hall, Administration Department, 1 Plaza, 2nd Floor, Patterson, California, during normal business hours. The City Council agenda and supporting public documents are also available online on the City web site www.ci.patterson.ca.us listed under Popular Links “City Council Agendas” or please call or email the City Clerk at (209) 895-8012 or [email protected]
If you wish to be notified of future City Council Meetings, please visit our web site www.ci.patterson.ca.us go to Popular Links “City Council Agendas” and Subscribe to “RSS” ═══════════════════════════════════════════════════════════════

1. Call to Order

2. Pledge of Allegiance

3. Statements of Conflict

4. Items from the Public
Any member of the audience desiring to address the Council regarding a matter on the agenda, please raise your hand or step to the podium, or if using the zoom app by pressing *9 on you cell phone at the time the item is announced by the Mayor. The public wishing to address the Council on items that do not appear on the agenda may do so; however, Council will take no action other than referring the item to staff for study and analysis and shall place item on a future agenda (Resolution 92-25)
In order that all interested parties have an opportunity to speak, any person addressing the Council will be limited to a maximum of five (5) minutes unless the Mayor grants a longer period of time (Resolution 92-25)
Please State Your Name and City for the Record.

5. Consent Calendar
All items are approved by a single action. Any item may be removed from the Consent Calendar for separate discussion upon request from a member of the Public, Staff and/or Councilmember.

5.1. Motion to Waive Readings - All Readings of Ordinances and Resolutions, Except by Title are hereby waived.

5.2. Approve Minutes of Special Meeting/Closed Session - March 15, 2022 (6:00 PM)

5.3. Approve Minutes of Regular Meeting - March 15, 2022 (7:00 PM)

5.4. Approve Minutes of Special Meeting - March 22, 2022 (7:00 PM)

5.5. Accept All Bids for the Kinshire Water Main Replacement and the Street Full Depth Reconstruction (FDR) Project Phase 2, Award Construction to United Pavement Maintenance, Inc., Authorize Staff to Execute the Contract and Approve the Required Budget Adjustment.

City of Patterson Page 3 Updated 3/31/2022 3:43 PM

5.6. Approve the Proposal from Consolidated Construction Management, Inc. for Construction Management Services and Contract Administration for the Water Quality Control Facility Administration Building; and Authorize Staff to Enter Into a Negotiated Consultant Agreement With a Not to Exceed Cost of $238,360.

5.7. Approve the American Federation of State, County, and Municipal Employees (AFSCME) Local 10 Memorandum of Understanding Effective July 1, 2021, through June 30, 2022, and Corresponding Salary Schedule.

5.8. Approve Street Closure request for the Patterson Apricot Fiesta, Scheduled for June 2 - 5, 2022.

5.9. Approve Resolution No. 2022-16, Opposing the Taxpayer Protection and Government Accountability Act, Initiative 21-0042A1.

5.10. Approve Resolution 2022- 17 Approving 15-Year License Agreement with Edward and Mildred Maring to Permit Encroachment on City Property for the Construction of Private Improvements within the Public Right-of-Way at 22 N.

Del Puerto Avenue (APN#131-009-019)

5.11. Approve Second Reading and Adoption of Ordinance No. 860, reading by title only, waiving further reading, An Ordinance of the City Council of the City of Patterson Adopting Boundaries of City Council Districts.

6. Presentation

6.1. Proclamation - Golden Valley Health Centers Celebrating 50 Years (Mayor McCord)

6.2. Proclamation - Love Patterson Day (Mayor McCord)

7. Presentation/Action Item

7.1. Engineering, Building, and Capital Projects - Approve the Citywide Active Transportation Master Plan and authorize City Staff to implement the Master Plan.

Staff Report: City Engineer Ulloa
Council: Approve the Citywide Active Transportation Master Plan and authorize City Staff to implement the Master Plan.

7.2. Planning Department - Approve Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC.

Staff Report: City Planner Andrews
Council: Approve Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC.

8. City Council Reports
City of Patterson Page 4 Updated 3/31/2022 3:43 PM
A. Appointment/Reappointment of Two (2) Members to the Planning Commission

8.A.1. Motion to Appoint/Reappoint Two (2) Members to the Planning Commission.

B. Councilmember Alves
. Westside Health Care Task Force (Councilmember Parham alternate) C. Councilmember Parham
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor McCord alternate)
. Hazardous Waste Advisory Committee (Mayor McCord alternate) . Stanislaus County Disaster Council (Mayor McCord alternate) D. Mayor Pro Tem Farinha
. Workforce Development Board (Councilmember Alves alternate) E. Councilmember Homen
. Stanislaus Homeless Alliance (City Manager Irwin 1st alternate, Councilmember Alves 2nd alternate)
. San Joaquin Valley Special City Selection Committee (Councilmember Alves alternate)
. Del Puerto Health Care District (Councilmember Alves 1st alternate, Mayor Pro Tem Farinha 2nd alternate)
F. Mayor McCord
. Stanislaus County Mayor's Meeting
. StanCOG (Councilmember Homen alternate)
. League of California Cities (Mayor Pro Tem Farinha 1st alternate, Councilmember Homen 2nd alternate)

9. Other Matters

10. Adjournment

DECLARATION OF POSTING
I, Aracely Alegre, City Clerk of the City of Patterson, California do hereby declare that the foregoing notice was posted on the Bulletin Board at City Hall, 1 Plaza, Patterson, California on Mar. 31, 2022.

City of Patterson Page 5 Updated 3/31/2022 3:43 PM
The Agenda is also posted for public view on the Bulletin Boards of the Hammon Senior Center, 1033 W. Las Palmas, Patterson, the Patterson Branch Library, 46 N. Salado Avenue, Patterson, and the City of Patterson City Web Site www.ci.patterson.ca.us Aracely Alegre, City Clerk
City of Patterson
Direct No. (209) 895-8012
Email [email protected]
City of Patterson Page 1 Updated 3/28/2022 9:50 AM
City Of Patterson
Special Meeting/Closed Session Minutes
March 15, 2022
City Manager
Ken Irwin
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
Mayor
Dennis McCord
City Council
Shivaugn Alves, District A
Alfred Parham, District B
Dominic Farinha, District C
Cynthia Homen, District D
City Clerk
Aracely Alegre

1. City Manger Irwin
The City Council will adjourn to Closed Session to address the following:
a. Conference with Legal Counsel - Existing Litigation (Govt. Code Section 54956.9(d)(1)) City of Patterson v. Patterson Hotel Associates, et.al., Case No. 670042.

2. Statements of Conflict
None.

3. Items from the Public
None.

4. Adjourn to Closed Session
At 6:05 p.m. the Patterson City Council adjourned to Closed Session.

5.2 Packet Pg. 6
Minutes Acceptance: Minutes of Mar 15, 2022 6:00 PM (Consent Calendar) City of Patterson Page 2 Updated 3/28/2022 9:50 AM

5. Report from Closed Session (if any)
At this time, Mayor McCord reported that the City Council provided direction to staff.

There were no other items to report form Closed Session.

6. Adjournment
There being no further business, the special (closed session) meeting of the City Council of the City of Patterson of March 15, 2022 was adjourned at 7:00 p.m.

Approved by the Patterson City Council on April 5, 2022.

5.2 Packet Pg. 7
Minutes Acceptance: Minutes of Mar 15, 2022 6:00 PM (Consent Calendar) City of Patterson Page 1 Updated 3/28/2022 2:09 PM
City Of Patterson
Regular Meeting Minutes
March 15, 2022
City Manager
Ken Irwin
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
Mayor
Dennis McCord
City Council
Shivaugn Alves, District A
Alfred Parham, District B
Dominic Farinha, District C
Cynthia Homen, District D
City Clerk
Aracely Alegre

1. Call to Order
Attendee Name Title Status Arrived
Dennis McCord Mayor Present
Shivaugn Alves District A Present
Alfred Parham District B Present
Dominic Farinha District C Present
Cynthia Homen District D Present
The regular (hybrid) meeting of the City Council of the City of Patterson was called to order in the City of Patterson, City Hall, City Council Chambers, 1 Plaza, Patterson at 7:02 p.m. by Mayor McCord.

City Staff Present:

1. City Manager Irwin

2. Fire Chief Gregory

3. IT Manager Ford

4. Public Works Director Willett

5. City Planner Andrews

6. Police Chief Clayton

7. Finance Director Ryan

8. Capital Projects Manager Rodriguez

9. Recreation & Community Services Director Flanders

10. City Engineer Ulloa

11. Deputy Director of Regulatory Compliance & Administrative Services Delgado

12. City Attorney Goldstein

13. Recreation Administrative Services Manager Hernandez

14. Director of Human Resources Guillory Jones

15. City Clerk Alegre

5.3 Packet Pg. 8
Minutes Acceptance: Minutes of Mar 15, 2022 7:00 PM (Consent Calendar) City of Patterson Page 2 Updated 3/28/2022 2:09 PM

2. Pledge of Allegiance

3. Statements of Conflict
None.

4. Items from the Public
Lawrence Taylor, Patterson Resident - addressed City Council regarding growth in Patterson and concerns with school not being able to accommodate all the new kids. Concerns with City Staff not discussing the process with the School District.

City Manager Irwin addressed Mr. Taylor's concerns.

Tony Porcella, Patterson Resident - addressed City Council regarding growth and school board meeting with City Staff.

Kandace Weyhrauch, Patterson Resident - addressed City Council regarding the recall process for Mayor McCord, asking for City Council to censure him.

Phil Alfano, Superintendent Patterson Joint Unified School District - addressed City Council regarding not being heard by City Staff and concerns regarding residential development growth. Concerns with schools not being able to accommodate all children within the new development. He also addressed City Council regarding Developers not paying fees and violating development agreements. Members of the community are invited to attend the second workshop, online or in person at the Professional Development Center on Monday, March 21, 2022 at 5:30 p.m.

Russel Fowler, Field Representative for Office of Supervisor Chance Condit - addressed City Council regarding the visit from the California Secretary of Business, Consumer Services and Housing to Naomi's house and H.O.S.T house, for a presentation that Naomi's house and H.O.S.T house put together. Also addressed City Council regarding Supervisor Condit's meeting with Mayor Pro Tem Farinha. Also addressed the bi-monthly meeting of the West Side Health Care Task Force, thanking Councilmember Alves for participating. Great presentation by Tim Curley from Central Valley Children's Hospital promoting healthy options and how to get more medical facilities here in the Central Valley.

Jeff Mange, Assistant Superintendent at Patterson Joint Unified School District - addressed City Council regarding serious issues with developers and Baldwin Ranch project concerns. Urged City Council not to approve the Zacharias project until mitigation agreement is reached with the School District. Mr. Mange also addressed City Council regarding the February 22nd meeting with City Manager Irwin, Mayor Pro Tem Farinha and Board Member Bays discussion of bonds proceeds to be sent to the School District and have not been received. He also addressed City Council with concerns over the AT&T Cingular tower project.

Dale Torres, Patterson Resident - addressed the City Council regarding masking rules and covid waiver. Wants to know the City of Patterson's state of emergency.

Mayor McCord addressed Mr. Torres's concerns.

Yvonne Reynolds, Patterson Resident - addressed the City Council regarding wanting the Covid banners removed.

5. Consent Calendar
Mayor McCord pulled Item No. 5.8 to be brought back April 1st for review/approval.

At 7:32 p.m. Mayor McCord opened the Consent Calendar to public comment.

Yvonne Reynolds, Patterson Resident - requested to pull item 5.10 Dale Torres, Patterson Resident - requested to pull item 5.10 for discussion.

Kandace Weyhrauch, Patterson Resident - requested to pull item 5.10 for discussion.

5.3 Packet Pg. 9
Minutes Acceptance: Minutes of Mar 15, 2022 7:00 PM (Consent Calendar) City of Patterson Page 3 Updated 3/28/2022 2:09 PM
Mayor McCord discussed Item No. 5.10, stating the resolution will allow for hybrid meetings should we need it, in case Covid numbers change in the future.

Mayor Pro Tem Farinha addressed Item No. 5.10, discussing the ability to meet from any location.

City Attorney Goldstein addressed Item No. 5.10 stating it provides flexibility. Keeping certain limited portions of the state of emergency still in place. Provisions for recommendation which the resolution covers.

Tony Porcella, Patterson Resident - addressed City Council regarding impediments when trying to talk or join the meeting via zoom. Frustration over sending messages to City Attorney Goldstein and City Manager Irwin and not receiving a response. Not being able to speak during zoom meetings.

Yvonne Reynolds, Patterson Resident - addressed City Council regarding being muted during a zoom council meeting. Not in support of zoom meetings.

Kandace Weyhrauch, Patterson Resident - addressed City Council regarding frustration over comments not being read during the comments section during zoom meetings. Also addressed concerns with Seniors not being able to join meetings thru zoom because the process is confusing.

At 7:46 p.m. there being no further public comments, Mayor McCord closed the item from further public comments.

City Council addressed the following:

1. More people attended zoom/hybrid meetings.

2. Hybrid meetings give an option to be able to attend for anyone who could not possibly be here in person.

3. Update agenda to reflect current County guidelines regarding hybrid meetings.

4. Assisting residents with attending online meetings. City to offer "How to" classes/workshop on how to attend zoom meetings.

5. Update City website page with zoom link to join meetings.

Mayor Pro Tem Farinha motion to approve Consent Calendar Items 5.1 through 5.13, excluding Item No. 5.8. The motion was seconded by Councilmember Parham and unanimously approved by a 5-0 roll call vote.

RESULT: ADOPTED
MOVER: Farinha
SECONDER: Parham
AYES: McCord, Alves, Parham, Farinha, Homen

5.1. Motion to Waive Readings - All Readings of Ordinances and Resolutions, Except by Title are hereby waived.

5.2. Approve Minutes of Regular Meeting - February 1, 2022 (7:00 PM)

5.3. Approve Minutes of Regular Meeting - February 15, 2022 (7:00 PM)

5.4. Approve City Department Reports for the Month of February 2022 (Community Development, Public Works and Recreation & Community Services)

5.5. Approve City Commission Reports for the Month of February 2022 (Parks Recreation & Beautification Commission)

5.6. Approve Resolution No. 2022-08, Accepting as complete the Las Palmas Ave Overlay Project; Authorize Staff to File the Notice of Completion and Commence the Warranty Period; and Approve the requested Budget Adjustment.

5.3 Packet Pg. 10
Minutes Acceptance: Minutes of Mar 15, 2022 7:00 PM (Consent Calendar) City of Patterson Page 4 Updated 3/28/2022 2:09 PM

5.7. Accept all bids for the Water Quality Control Facility Administration Building (WQCF) Project, award construction to Bobo Construction INC., authorize Staff to execute the Contract and approve the required budget adjustment.

5.8. Approve Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC.

5.9. Approve Resolution No. 2022-09 Proclaiming Arbor Week during March 7-14, 2022 in the City of Patterson.

5.10. Adopt Resolution 2022-10, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

5.11. Approve the Resolution Nos. 2022-11 and 2022-12 Declaring the City Council's Intention to Initiate Proceedings for the Annual Levy of Assessments and Ordering the Preparation of Engineer’s Reports for the Landscape Maintenance Districts (LMDs) and County Service Area (CSA) No. 15) for FY 2022/23.

5.12. Approve the Patterson Fire Fighters Association IAFF Local 4577 Memorandum of Understanding and Salary Schedule Effective July 1, 2021, through June 30, 2022

5.13. Approve Resolution No. 2022- 13 Authorizing the City Manager to Submit an Application to the San Joaquin Valley Air Pollution Control District Public Benefit Grants Program.

6. Presentation

6.1. Engineering, Building, and Capital Projects - Patterson Public Safety Center Design Progress
City Engineer Ulloa addressed his report.

PBK Consultants Bill Louie and Jeff Peterson reviewed their presentation.

Mayor Pro Tem Farinha - addressed his preference for option number two although not liking the top of the building and the other end of the building not matching the rest. It makes the plan look incomplete or out of place. Also mentioned he is not in favor of the connecting bridge and the need for more vegetation. He asked what the cost of building would be? What is the price per square foot?
Mr. Louie addressed Mayor Pro Tem's question, the price is $750 per square foot.

Councilmember Homen addressed her preference for option number one and would like to see more palm trees. Not in favor of the connecting bridge.

Mr. Louie addressed Councilmember Homen's concerns.

Mayor Pro Tem Farinha addressed the possibility of adding solar panels.

5.3 Packet Pg. 11
Minutes Acceptance: Minutes of Mar 15, 2022 7:00 PM (Consent Calendar) City of Patterson Page 5 Updated 3/28/2022 2:09 PM
Mr. Louie addressed Mayor Pro Tem Farinha's comment. Solar panels have not been discussed but the roof could accommodate solar panels. Cost needs to be considered.

Councilmember Alves addressed if all new buildings require solar.

City Manager Irwin addressed Councilmember Alves's question, requirements are only for residential buildings.

Councilmember Parham addressed his preference for option one and the connecting bridge.

Mayor McCord addressed his preference for the connecting bridge as it allows flow of staff into both buildings. In favor of option two and solar panels. Not in support of park being eliminated in lieu of parking and the need for more trees.

Councilmember Alves - In favor of option two, some components of option one, like the bell tower. Will this new building fulfill the needs in 15 years? Has growth been considered?
City Manager Irwin - addressed Councilmember Alves's concerns. It will fulfill the needs, allowing for future expansion of City Hall.

Mayor Pro Tem Farinha would like to see options for the sign above the Public Center.

City Manager Irwin addressed the bridge for traffic and other options including offices and traffic.

At 8:51 p.m. Mayor McCord opened the item to public comments.

Kandace Wayrauch, Patterson Resident - addressed the City Council regarding the bridge, will it be allowing public pedestrians or only staff? Would've like see how solar panels look on top of the building.

Yvonne Reynolds, Patterson Resident - addressed the City Council in opposition of the bridge.

Tony Porcella, Patterson Resident - addressed the City Council regarding if the alley will become part private for Police to access.

Tim Benefield, Patterson Resident - addressed the City Council in favor of the bridge and the possibility of a covered walkway.

At 8:58 p.m. there being no further comments, Mayor McCord closed the item from further public comments.

7. Presentation/Action Item

5.3 Packet Pg. 12
Minutes Acceptance: Minutes of Mar 15, 2022 7:00 PM (Consent Calendar) City of Patterson Page 6 Updated 3/28/2022 2:09 PM

7.1. Finance - Adopt Resolution No. 2022-14 Approving City of Patterson adjustments to the Budget for the Fiscal Year 2021-22.

Finance Director Ryan and City Manager Irwin addressed their staff report.

City Council addressed the following:
- When do new staff come on board?
- Clarification on page 2 and 3, regarding the $1.3 million difference.

At 9:14 p.m. Mayor McCord opened the item to public comments. There were no public comments.

Mayor Pro Tem moved to Adopt Resolution No. 2022-14 Approving City of Patterson adjustments to the Budget for the Fiscal Year 2021-22. The motion was seconded by Councilmember Homen and approved by a 5-0 roll call vote.

RESULT: APPROVED
MOVER: Farinha
SECONDER: Homen
AYES: McCord, Alves, Parham, Farinha, Homen

7.2. Finance - Adopt Resolution No. 2022-15 Adopting Other Post Employment Benefits (OPEB) Funding Policy.

Finance Director Ryan reviewed her staff report.

Ira Summer, GovInvest representative reviewed his presentation.

City Council addressed the following:
- Concerns over the $750 million payment
- Investment well thought out and conservative
At 9:34 p.m. Mayor McCord opened the item to public comments. There were no public comments.

Councilmember Parham moved to Adopt Resolution No. 2022-15 Adopting Other Post Employment Benefits (OPEB) Funding Policy. The motion was seconded by Councilmember Alves and approved by a 5-0 roll call vote.

RESULT: APPROVED
MOVER: Parham
SECONDER: Alves
AYES: McCord, Alves, Parham, Farinha, Homen

8. City Council Reports

5.3 Packet Pg. 13
Minutes Acceptance: Minutes of Mar 15, 2022 7:00 PM (Consent Calendar) City of Patterson Page 7 Updated 3/28/2022 2:09 PM
A. Councilmember Alves
Looking forward to having a children's 24hr care facility here in the Central Valley. . Westside Health Care Task Force (Councilmember Parham alternate) B. Councilmember Parham
Nothing to report.
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor McCord alternate)
. Hazardous Waste Advisory Committee (Mayor McCord alternate) . Stanislaus County Disaster Council (Mayor McCord alternate) C. Mayor Pro Tem Farinha
Nothing to report.
. Workforce Development Board (Councilmember Alves alternate) D. Councilmember Homen
. Stanislaus Homeless Alliance (City Manager Irwin 1st alternate, Councilmember Alves 2nd alternate)
The pit count was conducted on February 23rd and 24th, results have not been released. Financials were also discussed, action plan moving forward.

Secretary of State of California Business, Consumer Services and Housing, Lourdes Castro Ramirez visited H.O.S.T house. Brad Hawn, Chair at the Stanislaus Homeless Alliance gave tour of H.O.S.T house and Naomi's house. Also gave a presentation. Thanks to Cambridge Academies. . San Joaquin Valley Special City Selection Committee (Councilmember Alves alternate)
. Del Puerto Health Care District (Councilmember Alves 1st alternate, Mayor Pro Tem Farinha 2nd alternate)
E. Mayor McCord
Nothing to report.
. Stanislaus County Mayor's Meeting
. StanCOG (Councilmember Homen alternate)
. League of California Cities (Mayor Pro Tem Farinha 1st alternate, Councilmember Homen 2nd alternate)

9. Other Matters
City Council Addressed the following:

5.3 Packet Pg. 14
Minutes Acceptance: Minutes of Mar 15, 2022 7:00 PM (Consent Calendar) City of Patterson Page 8 Updated 3/28/2022 2:09 PM
- Happy St. Patrick’s Day.
- Homeless structures on highway 33
- Request for a presentation from Cambridge Academies to cover homeless numbers and general information. - High barrier shelters.
- Pets allowed at Naomi's house.
- Thanks to all citizens that come and participate.
- Congratulations to new City Clerk.

10. Adjournment
There being no further business, the regular meeting of the City Council of the City of Patterson of March 15, 2022, was adjourned at 9:42 p.m.

Approved by the Patterson City Council on April 5, 2022.

5.3 Packet Pg. 15
Minutes Acceptance: Minutes of Mar 15, 2022 7:00 PM (Consent Calendar) City of Patterson Page 1 Updated 3/28/2022 3:41 PM
City Of Patterson
Special Meeting Minutes
March 22, 2022
City Manager
Ken Irwin
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
Mayor
Dennis McCord
City Council
Shivaugn Alves, District A
Alfred Parham, District B
Dominic Farinha, District C
Cynthia Homen, District D
City Clerk
Aracely Alegre

1. Call to Order
Attendee Name Title Status Arrived
Dennis McCord Mayor Present
Shivaugn Alves District A Remote
Alfred Parham District B Present
Dominic Farinha District C Present
Cynthia Homen District D Present
The special (hybrid) meeting of the City Council of the City of Patterson of March 22, 2022 was called to order in the City of Patterson, 1 Plaza, Patterson at 7:01 p.m. by Mayor McCord.

City Staff Present:

1. City Manager Irwin

2. City Attorney Goldstein

3. IT Manager Ford

4. Fire Chief Gregory

5. Police Chief Clayton

6. City Clerk Alegre

2. Pledge of Allegiance

3. Statements of Conflict
None.

4. Items from the Public

5.4 Packet Pg. 16
Minutes Acceptance: Minutes of Mar 22, 2022 7:00 PM (Consent Calendar) City of Patterson Page 2 Updated 3/28/2022 3:41 PM
Kandace Weyhrauch, Patterson Resident - addressed the City Council regarding the construction of new homes and the impact it will have on the redistricting. Will one of the present maps accommodate for growth?

5. Public Hearings

5.1. City Attorney - Fourth Public Hearing Regarding Redistricting City Attorney Goldstein reviewed her report.

City Attorney Goldstein addressed the question that arose during public comment regarding annexation.

Consultant Yoakam reviewed his presentation.

Council Addressed the following:
- Lines not very discernable on the maps
- Mayor Pro Tem Farinha preference for map 102
- District C cuts through and it is an odd shape on both maps - Councilmember Parham preference for map 101
- District C has a wide variation of newer and older neighborhoods - What is the penalty for missing the deadline for adopting a map? At 7:28 p.m. Mayor McCord opened the item to public comments.

Kandace Weyhrauch, Patterson Resident - addressed the City Council regarding annexation and asking for clarification.

Tim Benefield, Patterson Resident - addressed City Council in support of map 101. No map will look perfect. No need for more special meetings.

At 7:31p.m. there being no further comment, Mayor McCord closed the item from further public comments.

Consultant Yoakam addressed the following:
- District A is underpopulated to accommodate for growth. - Must use existing census data for maps.
- Annexation
City Attorney Goldstein - addressed the realignment population must be greater than 25% of the total population.

Mayor McCord moved to approve First Reading and Introduction of Ordinance No. 860 (adoption of map 102), reading by title only, waiving further reading.

The motion was seconded by Councilmember Homen and unanimously approved by a 5-0 roll call vote.

5.4 Packet Pg. 17
Minutes Acceptance: Minutes of Mar 22, 2022 7:00 PM (Consent Calendar) City of Patterson Page 3 Updated 3/28/2022 3:41 PM
RESULT: APPROVED
MOVER: McCord
SECONDER: Homen
AYES: McCord, Alves, Parham, Farinha, Homen

6. Other Matters
Mayor Pro Tem Farinha addressed the Love Patterson event happening April 30th. When will people get to choose their activities?
Councilmember Alves addressed Mayor Pro Tem Farinha's question. The public will be able to choose their activities on April 1st.

Councilmember Parham addressed unity and representation of church with no walls. Faith and government to support each other. Asked for consideration of introducing prayer in our council meetings along with pledge of allegiance.

Mayor Pro Tem Farinha addressed the need for more information and the benefits of open prayer.

Mayor McCord addressed the need to include other religions and the need for more information. Asked for City Staff to bring forward an informational report regarding including prayer in Council meetings.

7. Adjournment
There being no further business, the regular meeting of the City Council of the City of Patterson of March 22, 2022 was adjourned at 7:53 p.m.

Approved by the Patterson City Council on April 5, 2022.

5.4 Packet Pg. 18
Minutes Acceptance: Minutes of Mar 22, 2022 7:00 PM (Consent Calendar) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Fernando Ulloa, City Engineer
MEETING DATE: April 5, 2022
ITEM NO: 5.5
SUBJECT: Accept All Bids for the Kinshire Water Main Replacement and the Street Full Depth Reconstruction (FDR) Project Phase 2, Award Construction to United Pavement Maintenance, Inc., Authorize Staff to Execute the Contract and Approve the Required Budget Adjustment.

RECOMMENDATION
Accept All Bids for the Kinshire Water Main Replacement and the Street Full Depth Reconstruction (FDR) Project Phase 2, Award Construction to United Pavement Maintenance, Inc., Authorize Staff to Execute the Contract and Approve the Required Budget Adjustment.

BACKGROUND
The Phase-2 Kinshire Waterline Replacement and Street (FDR) Project takes place in the area bounded by Sperry Avenue to the north, Poppy Avenue to the south, Del Puerto Avenue to the west, and Patterson Irrigation District’s (PID) main canal to the east.

ANALYSIS
The project scope includes replacing all water mains and water service lines for the area. The purpose of the project is to replace aging infrastructure from natural pipe deterioration that has caused failure to the existing roadway subsurface and asphalt pavement. This project will replace all the existing water main pipe, water services (existing meters to remain in place and utilized), full-depth reconstruction of the existing neighborhood streets, upgrading all pedestrian crosswalk ramps and sidewalk segments to meet the American with Disabilities Act (ADA) Standards, and any segment of curb & gutter that does not allow proper gutter slope to drain effectively.

This project was advertised for construction bidding on February 2022 on CIP List, City's

5.5 Packet Pg. 19
website and the Patterson Irrigator Newspaper. All bids were due on March 10, 2022 and City received a total of three (3) bids. The three bids received are listed below from lowest to highest:

United Pavement Maintenance Inc. $4,936,410.90
Rolfe Construction Company Inc. $6,191,223.90
George Reed Inc. $7,805,722.25
After reviewing the bid documents, United Pavement Maintenance, Inc., was deemed the lowest responsible bidder for this project.

FISCAL IMPACT
Funding for this Project is as follows:
$ 4,936,410.90 Base Bid
$493,641.09 10% Contingency
$592,369.31 12% CM
$6,022,421.30 TOTAL
Budget for this project is as follows:
$2,054,625.18 Water Capital Improvements - Kinshire WM1A Construction Water (ACCT #611-790-7636)
Water New Borrowing 2019A and 2019B
$3,967,796.12 Local City Funds for Construction- Kinshire Street Rehabilitation (ACCT #329-000-7103)
Fund 329 Measure L 50%
Water New Borrowing 2019A and 2019B 50%
$6,022,421.30 Total Funds Available
If approved the budget will be adjusted as shown above.

5.5 Packet Pg. 20
City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Fernando Ulloa, City Engineer
MEETING DATE: April 5, 2022
ITEM NO: 5.6
SUBJECT: Approve the Proposal from Consolidated Construction Management, Inc. for Construction Management Services and Contract Administration for the Water Quality Control Facility Administration Building; and Authorize Staff to Enter Into a Negotiated Consultant Agreement With a Not to Exceed Cost of $238,360.

RECOMMENDATION
Motion to Approve the Proposal from Consolidated Construction Management, Inc. for Construction Management Services and Contract Administration for the Water Quality Control Facility Administration Building; and Authorize Staff to Enter Into a Negotiated Consultant Agreement With a Not to Exceed Cost of $238,360.

BACKGROUND
The project consists of constructing a 3,270 square foot one story administration building for the wastewater facility personnel. The administration building will be located at 14901 Poplar Avenue in Patterson, and will have offices, a laboratory, restrooms, lockers, parking (covered and uncovered), security gates, fencing, and landscaping.

ANALYSIS
An RFP (request for proposals) for Construction Management and Contract Administration services was prepared and advertised. This advertisement was listed on CIP List, the City’s website and the Patterson Irrigator Newspaper. Proposals were due March 25, 2022.

The highest rated proposal and estimated fees (based on hourly rates) was submitted by Consolidated Construction Management, Inc. for a fee of $238,360.

5.6 Packet Pg. 21
The proposals were screened by a selection committee and rated on:
· Understanding of the Project (25%, scored on a 1-10 scale) · Responsiveness to the RFP (25%, scored on a 1-10 scale) · Experience and qualifications of the firm, project manager, key personnel, and subconsultants on similar projects (25%, scored on a 1-10 scale) · Rates relative to services provided (25%, scored on a 1-10 scale) The proposal was clear, concise and showed good understanding of the project, while also meeting the requirements set forth in the RFP.

Staff recommends Consolidated Construction Management, Inc. for the Construction Management and Contract Administration services of this project based on the evaluation of their qualifications and experience.

FISCAL IMPACT
Staff negotiated with Consolidated Construction Management, Inc. to an agreeable scope and fee of $238,360. Staff recommends awarding the Construction Management and Contract Administration to Consolidated Construction Management, Inc. for $238,360 and authorizing the budget with our standard 10% contingency.
$238,360.00
$23,836.00 10% Contingency (To be transferred only as needed) $262,196.00 Total Project Cost
The Budget for this project is as follows:
$401,070.00 Total Funds Available

5.6 Packet Pg. 22
City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Marie Guillory Jones, Director of Human Resources
MEETING DATE: April 5, 2022
ITEM NO: 5.7
SUBJECT: Approve the American Federation of State, County, and Municipal Employees (AFSCME) Local 10 Memorandum of Understanding Effective July 1, 2021, through June 30, 2022, and Corresponding Salary Schedule.

RECOMMENDATION
Approve the American Federation of State, County, and Municipal Employees (AFSCME) Local 10 Memorandum of Understanding Effective July 1, 2021, through June 30, 2022, and Corresponding Salary Schedule.

BACKGROUND
The City’s contract with AFSCME expired on June 30, 2021. After several meetings over the past approximately eight months, an Agreement regarding a Memorandum of Understanding (MOU) between the City and AFSCME has been reached. The proposed MOU is now presented to City Council for approval and is the final step in the meet and confer process.

ANALYSIS
The following highlights the provisions agreed to by the negotiating parties with no budget impact:
· Twelve (12) month contract effective July 1, 2021, through June 30, 2022 · Section 3 - Unit Defined: Language change, added new classifications approved during the previous agreement period
· Section 8 - Health and Welfare Benefits: Language change, removed obsolete language

5.7 Packet Pg. 23
that no longer applies to any active members, and
° Section 8A - Cafeteria Plan: Language change, ‘current’ or ‘new hire’ changed to “Tier 1” or “Tier 2” to reference members employed by the City before or after January 1, 2016
° Section 8B(4) - Medical-In-Lieu: Language change, employees that are in unpaid status are no longer eligible for benefit
° Section 8K(4) - Service Retirement: Title change only ° Section 8K(5) - Disability Retirement: Added new section to allow disability retirement between ages 50-55
· Section 11B(5-6) - Vacation and CTO Cash Out on Termination: Language change to allow compensatory time off to count towards minimum requirement eligibility of vacation cash out
· Section 26 - Career Ladders: Language change to clarify intent of language The following highlights the provisions agreed to by the negotiating parties with budget impact:
· Eliminate Merit Pay Provision, employees at top step of salary range no longer eligible for one-time lump sum bonus
· Five (5) % base salary increase effective January 1, 2022 · Fifteen Hundred Dollars ($1,500.00) one-time payment for service during Covid-19 Pandemic

5.7 Packet Pg. 24

FISCAL IMPACT
Half Year 2021-2022, effective 01/01/2022:

ATTACHMENTS
• MOU between AFSCME Local 10 and City of Patterson and incorporated salary schedule Salary Benefits Covid SP Total General Fund Other Funds Total $ 82,198 $ 23,889 $ 88,500 $ 194,587 $ 112,747 $ 81,840 $ 194,587 AFSCME Members Salary & Benefits
AFSCME Members - All Classifications

5.7.a
Packet Pg. 25
Attachment: Fiscal Impact (MOU AFSCME Jul 2021-Jun 2022)

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

CITY OF PATTERSON

AND THE

AMERICAN FEDERATION OF STATE,

COUNTY, AND MUNICIPAL EMPLOYEES
Local 10
July 1, 2021 – June 30, 2022
Approved by Council April 5, 2022

5.7.b
Packet Pg. 26
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 2 MEMORANDUM OF UNDERSTANDING

BETWEEN THE

CITY OF PATTERSON

AND THE

AMERICAN FEDERATION OF STATE,

COUNTY AND MUNICIPAL EMPLOYEES
Local 10

TABLE OF CONTENTS
1 . TERM OF AGREEMENT ................................................................................

2. RECOGNITION..............................................................................................

3. BARGAINING UNIT DEFINED ......................................................................

4. MANAGEMENT RIGHTS...............................................................................

5. SCOPE OF AGREEMENT………………………………………………………...

6. EMPLOYER-EMPLOYEE RELATIONS………………………………………….

7. SALARY/COMPENSATION ..........................................................................

8. HEALTH AND WELFARE BENEFITS………………………………………......

9. RETIREMENT………………………………………………………………….……

10. WORK HOURS…………………………………………………………………......

11. HOLIDAYS AND LEAVES………………………………………………………..

12. SICK LEAVE, BEREAVEMENT LEAVE, FAMILY LEAVE……………….......

13. LEAVES…………………………………………………………………………......

14. FILLING VACANCIES…………………………………………………………......

15. PERFORMANCE EVALUATIONS……………………………………………….

16. PROBATIONARY STATUS…………..............................................................

17. GRIEVANCE PROCEDURES……………………………………………………..

18. DISCIPLINARY PROCEDURES…………………………………………………..

19. LAYOFF PROCEDURE…………………………………………………………….

20. UNIFORM PROVISION…………………………………………………………….

21. TOOL ALLOWANCE / INSURANCE - EQUIPMENT MECHANIC…………..

22. SAFETY SHOE ALLOWANCE……………………………………………………

23. MEAL ALLOWANCE……………………………………………………………….

24. OCCUPATIONAL HEALTH AND SAFETY………………………………………

25. COMMERCIAL DRIVERS LICENSE……………………………………………...

26. CAREER LADDERS………………………………………………………………..

27. FAIR EMPLOYMENT PRACTICE………………………………………………...

28. NON-DISCRIMINATION POLICY…………………………………………………

29. SEVERABILITY……………………………………………………………….……..

30. PAST PRACTICES………………………………………………………………….

31. OUTSIDE EMPLOYMENT………………………………………………………….

32. PATTERSON VOLUNTEER FIREFIGHTERS…………………………………...

33. TUITION REIMBURSEMENT……………………………………………………….

34. BILINGUAL PAY…………………………………………………………………….

35. LONGEVITY PAY……………………………………………………………………836.

36. TRAINING….……………………………………………………………………….

37. SALARY SCHEDULE……………………………………………………………...
..3
..3
..3
..3
..4
..4
..7
14 20
21 22
25 28
29 32
32 33
35 40
42 42
42 43
43 43
43 44
44 44
44 45
45 46
46 47
47 48

5.7.b
Packet Pg. 27
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 3 MEMORANDUM OF UNDERSTANDING

BETWEEN THE

CITY OF PATTERSON

AND THE

AMERICAN FEDERATION OF STATE,

COUNTY AND MUNICIPAL EMPLOYEES
Local 10

1. TERM OF AGREEMENT
This Memorandum of Understanding (MOU) shall be in full force and effect for a one-year period commencing on July 1, 2021, and ending at midnight on June 30, 2022.

2. RECOGNITION
The City of Patterson (hereinafter "the City") recognizes AFSCME Local 10 (hereinafter "the Union") as the exclusive representative for labor relations purposes of all regular and probationary employees in the Miscellaneous Bargaining Unit.

3. BARGAINING UNIT DEFINED
The Miscellaneous Bargaining Unit includes the following classifications: Account Clerk, Accounting Technician, Administrative Assistant l/ll, Assistant Planner, Code Enforcement Officer I and II, Electrical Technician l and ll, Electrician Crew Leader, Environmental Compliance Specialist, Equipment Mechanic Crew Leader, Equipment Mechanic I and II, Fire Prevention Specialist, Permit Technician I and II, Planning Technician I and II, Public Works Inspector I,II and III, Public Works Maintenance Worker l, ll, and lll, Recreation Coordinator I and II, Recreation Maintenance Worker l, ll, and lll, Senior Account Clerk, Senior Code Enforcement Officer, Wastewater Operator I, II, and III, Wastewater Operator in Training, Water Operator I, II, and III, and Water Operator in Training.

4. MANAGEMENT RIGHTS
The City retains the exclusive right, except as expressly stated herein, to operate and direct the affairs of the City in all of its various aspects, including, but not limited to, the right to direct the working forces; to plan, direct and control all of the operations and services of the City; to determine the methods, means, and organizations by which such operations and services are to be conducted; to assign and transfer employees, to hire, promote, demote, suspend, discipline, discharge or relieve employees due to lack of work or other legitimate reasons; and to change or eliminate existing methods, equipment or facilities. The City agrees in the exercise of the management functions to comply with the provisions of this Memorandum of Understanding. The above enumeration of management rights is not inclusive and does not exclude other management rights not specified, nor shall the exercise or

5.7.b
Packet Pg. 28
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 4 non-exercise of management rights retained by the City be construed to mean that any right is waived.

5. SCOPE OF AGREEMENT
This agreement is the result of the negotiation over all mandatory subjects of bargaining within the Union’s scope of representation, is complete and in itself and embodies the parties’ entire agreement. This agreement supersedes and replaces any agreement or letters of understanding executed prior to its effective date.

The parties agree that this section shall apply only to matters which are not covered in this contract.

The parties recognize that it may be necessary for the City to propose a change in an area within the scope of negotiation, the City shall meet and confer with the Union on the proposed change.

The parties shall undertake negotiations regarding the proposed change to the employees, where the subject matter of the change is within the scope of representation pursuant to the MMBA.

Any agreement resulting from such negotiations shall be executed in writing and shall become an addendum to this contract.

6. EMPLOYER-EMPLOYEE RELATIONS
A. Access to Personnel Files
Employees, or Union representatives with written permission from the employee, may inspect their individual personnel files upon request, in writing, to the City Manager or his/her designee, at reasonable intervals during regular business hours of the City. Copies of personnel file contents will be provided without cost to the requesting party. Employees will be notified if a member of the public request’s information from the employee's file.

B. Access to Work Sites
The Union Business Agent may access City work sites, following notice to the City Manager or his/her designee, in order to observe working conditions, post materials on bulletin boards, or meet with employees regarding matters within the scope of representation. Such access shall not disrupt the operations of the City.

The presence of the Business Agent on a job site shall not be considered a disruption when the Business Agent has given advance notice of his/her intent to be present.

C. Adding/Deleting Classifications
The City agrees to meet and confer with the Union prior to adding or deleting any job classification from the Miscellaneous Unit.

5.7.b
Packet Pg. 29
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 5 D. Confidential/Management Designation
The City agrees to meet and confer with the Union prior to establishing any Local 10 represented position as confidential or management.

E. Contracting Out Work
The City agrees to meet and confer with the Union prior to contracting out any work normally performed by bargaining unit employees if such contracting out would displace a regular employee of the bargaining unit. The City further agrees that work performed by employees of the bargaining unit will not be performed by non-bargaining unit employees if such work would displace a regular employee of the bargaining unit.

F. Department Rules
The Union shall receive a copy of all department rules existing as of 7/1/92.

Pursuant to government Code Section 3500, no term or condition of employment will be changed in the future without meeting and conferring with the Union.

G. Job Stewards
The bargaining unit is authorized to have two job stewards, one of whom shall serve as alternate job steward, to act in the absence of the job steward. Job stewards shall be allowed to meet with an employee(s) on City time to receive and/or investigate alleged grievances or complaints. Such meetings and investigations shall not disrupt the operations of the City. Investigations by the job steward shall not be considered a disruption if the job steward has notified his/her immediate supervisor of his/her intent to conduct the investigation. Job stewards shall be allowed, on City time, to represent an employee(s) before management at each step of the grievance procedure or when requested by an employee having a meeting with management which could lead to disciplinary action.

H. Negotiators
The bargaining unit is authorized to have four negotiators. The Union agrees that only one negotiator from any one job classification will meet with the City at a given time. This limitation does not apply to the Maintenance Worker classifications.

The negotiators will be allowed paid time off for the purpose of meeting with the Union’s business agent to discuss negotiations and contract issues under the following conditions: Up to three (3) hours in any one workweek with a cumulative maximum of twelve (12) hours of paid time off will be allowed. Paid time off may be denied if the time off would unduly interrupt the operations of the City.

I. No Discrimination
The City will not discriminate or take adverse action against any represented employee because of membership in the Union, participation in lawful Union activity, or exercising the right to Union representation.

5.7.b
Packet Pg. 30
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 6 J. No Strike/No Lockout
The parties agree there will be no strikes and no lockouts during the term of the MOU.

K. Notice of New Hires
The City agrees to notify the Union of new hires to the bargaining unit, by name, within five days of hire.

L. Payroll Deductions
The City agrees to use payroll deduction for Union dues contributions to the Union political action committee "PEOPLE", and for Union-sponsored insurance premiums, without charge to the Union or the Union member. The Union shall provide appropriate forms to authorize such deductions.

M. Posting Union Information
The Union may post information at job site bulletin boards. Posted materials shall not be obscene, defamatory, or a partisan political nature, misleading, violative of any Federal, State, or local ordinance, law, statute or rule. Such material shall not pertain to public issues which do not involve the City and its relations with employees. A copy of posted information shall be forwarded to the City Manager or designee.

N. Representation Rights
Employees will be informed of their right to have a Union representative present prior to being questioned to obtain information which may be used to support a disciplinary action. This right to representation includes an employee being questioned regarding a “reasonable suspicion” or “for cause” drug or alcohol test.

O. Union Security
Each month, the Union shall be provided a report showing a list of all bargaining unit members, listed alphabetically, including an itemization of the monies deducted from dues paying members. The City shall deduct Union dues and other authorized deductions from member’s paychecks and will forward said deductions to the Union within 10 days, following each payday. Employees are not required to join the Union. All employees, who elect to become members of the Union, shall pay all required Union dues to the Union each month, through payroll deduction.

The Union agrees to defend, indemnify and hold harmless the City and its employees or agents, other than in cases of City negligence or misconduct, against claims of whatever nature arising out of said deductions or use of the deduction report.

Employees employed in a classification assigned to the bargaining unit represented by AFSCME Local 10 may either:

5.7.b
Packet Pg. 31
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 7 1. Join the Union and pay Union dues;

2. Remain a non-member.

Employees may join the Union any time during the year.

P. Provision of Information to the Union
The City agrees to provide budget-related information to the Union without charge.

Q. Paid Time for Union Meetings
Union members shall be allowed to attend Union meetings on paid time under the following conditions: The number of Union meetings cannot exceed six (6) in each year of the MOU. No Union member will be paid for more than one hour of attendance at each meeting. Not more than one meeting can be held in any one week. The Union shall notify the City of the date and time of each meeting.

Attendance at Union meetings may be denied to individual Union members if the time off would unduly interrupt the operations of the City.

7. SALARY/COMPENSATION

A. Effective January 1, 2022, all employees of the bargaining unit will receive a five percent (5%) base salary increase.

B. All unit employees employed on or before July 1, 2021, shall receive a fifteen hundred dollars ($1,500.00) One Time Payment for Service During the COVID-19 Pandemic to be paid as soon as administratively feasible but no later than 30 days following ratification by AFSCME and City Council approval.

C. Shift Differential
Any member of the bargaining unit assigned to work a shift which begins between 6:00 PM and 4:59 AM shall receive a ten percent (10%) wage differential for any time actually worked between these times. Payment received as shift differential shall be considered as base for retirement calculation purposes.

D. On-Call Compensation
On-call assignments shall be for a seven (7) consecutive day period beginning and ending at 4:00 PM on Tuesdays. Such seven (7) day assignments shall receive compensatory time in the amount of two (2) hours on weekdays and four (4) hours on weekends and regularly observed City holidays. Maximum accumulation of compensatory time, without the written approval of the City Manager, is eighty (80) hours, after which the time earned will be paid.

Additionally, employees assigned to on-call duty who live within the City limits of Patterson may take a City vehicle home to help improve response times to emergencies.

5.7.b
Packet Pg. 32
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 8 E. Call-Back Compensation
Call-backs shall be compensated at time and one-half the regular rate of pay.

Payment will be made for the greater of a two (2) hour minimum or actual time worked. A second two hour minimum will apply if a second call is received more than two hours after the employee arrives to work following the first call. For the purpose of calculating time worked, time normally begins when the employee leaves their place of residence and ends when the employee leaves the corporation yard.

F. Holiday Call-Back Compensation on Selected Holidays
For the following holidays, call-backs are compensated with a three-hour minimum, but otherwise subject to the conditions of regular call-back:

Thanksgiving Day, day after Thanksgiving Day, Christmas Eve, Christmas Day, New Year's Day.

G. Out-of-Class Compensation
Employees formally designated by the City Manager as performing the duties of a higher class due to vacation, illness, leave, vacancy, or when dictated by the needs of the City, for a period of more than eighty (80) regularly-scheduled working hours, shall receive out-of-class pay equivalent to the minimum salary rate for that position such that the minimum adjustment would be at least five percent (5%) above the employee's current salary. Out-of-class status shall be retroactive to the first day and subject to no additional benefits.

H. Overtime
An employee shall receive overtime pay at the rate of time and one-half of the employee's regular rate of pay for all hours worked in excess of forty (40) hours in the work week. Overtime shall be paid in accordance with the requirements of the Fair Labor Standards Act. However, at the employee's request and at the City's option, the employee may be granted compensatory time at the rate of time and one-half. Compensatory time off shall not exceed a total of eighty (80) hours without the written approval of the City Manager.

All hours worked shall be counted for the purpose of calculating overtime compensation.

An employee may be required to work more than eight (8) hours each day or more than forty (40) hours each week under the following conditions:

1. The Department Head shall first determine which employee(s) are qualified to perform the work.

2. The Department Head shall then offer the work to the qualified employee(s) in order of their seniority.

5.7.b
Packet Pg. 33
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 9 3. If an insufficient number of employees voluntarily accept the offer of work, the Department Head may require the employee(s) to work in inverse order of their seniority.

I. Salary on Promotion
Any employee receiving a promotion shall start on the first step of the salary range of the class which provides for a salary increase of at least five (5) percent, provided however, such salary shall not exceed the salary set forth in the top step of the new class. Any employee assigned the responsibility of supervision over other employees shall remain at a higher salary step than all subordinate employees whom they supervise.

J. Salary on Demotion
When an employee is voluntarily demoted, a mutually agreed upon pay step in the designated range shall be assigned. When an employee is demoted as a result of disciplinary action, the step shall be set by the appointing authority imposing the discipline.

K. Salary on Re-Employment
Upon re-employment, an employee shall be assigned the same step in the salary range that had been attained prior to layoff. Benefit accruals shall be equal to the benefit level the employee attained prior to layoff, except as precluded by applicable law.

L. Certificate Pay and Education Incentives
Effective upon approval of this MOU by the City Council, the following special compensation rates shall be effective. It is the intent of the parties that these compensation items shall be special compensation includable in final compensation for pension purposes, and that this MOU will be made publicly available as required under 2 CCR 571.

The following incentives are available to employees within this bargaining unit.

Those employees who are required through their job description to maintain a listed license, certificate or degree are not eligible for that incentive.

A. Certificate Incentives:

1. Maintenance Worker I and Maintenance Worker II:
i. Water Distribution Operator I 1%
ii. Water Distribution Operator II 1%
iii. Water Treatment Operator I 1%
iv. Water Treatment Operator II 1%
v. Certified Backflow Prevention Tester 1%
vi. ISA Certified Arborists 2%
vii. ISA Certified Arborists/Utility Specialist 2%
viii. ISA Certified Municipal Specialist 1%

5.7.b
Packet Pg. 34
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 10 ix. ISA Certified Tree Worker/Aerial Specialist 2%
x. ISA Board Certified Master Arborist 2%
xi. Certified Landscape Irrigation Auditor 2%
xii. Landscape Industry Certified Horticultural Tech 2% xiii. Certified Playground Inspector 1%

2. All Mechanics:
i. Any four Automotive Service Excellence (ASE) certificates for Automobiles. 1%
ii. Any second four ASE certificates for Automobiles 1% iii. Any three ASE certificates for Trucks 1%
The California Brake Certificate will also count toward one of the qualifying certifications in either the automobile or truck area if not already obtained and included as one of the ASE certificates.

3. Maintenance Worker or Waste Water Treatment Plant Classifications:
i. Any Water or Waste Water Treatment
Plant Certificate which exceeds that
required by the minimum requirements
listed in the Job Description. Only
certifications by State Water Resources
Control Board or State Department of
Public Health will be accepted. 1%

4. Waste Water Treatment Plant Classifications:
i. Lab Analyst Certification 1%
ii. Wastewater Collections System
Operator – Grade I 1%
iii. Environmental Compliance Inspector 1%
iv. Industrial Waste Treatment Plant Operator 1%
v. Plant Maintenance – Grade I 1%
vi. Plant Maintenance Mechanical Tech 2, 3, 4 1%
vii. Plant Maintenance Electrical/Instrumentation 1%

5. Maintenance Worker III:
i. Any Water or Waste Water Treatment
Plant Certificate, which exceeds that
required by the minimum requirements
listed in the Job Description. Only
certifications by State Water
Resources Control Board or State
Department of Public Health will be
accepted. 1%

5.7.b
Packet Pg. 35
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 11 ii. Cross Connection Specialist 1%

6. Maintenance Worker classifications:
i. Qualified Applicator License (QAL). 1%
ii. Arborist or Certified Tree Worker 2%

7. Maintenance Worker classifications in the Recreation and Community Services Department:
i. Certified Playground Inspector 1%
ii. Certified Landscape Irrigation Auditor 2%
iii. Landscape Industry Certified Horticulture Tech 2%

8. All Classifications:
i. Arborist or Certified Tree Worker. 2%
ii. CPR Instructor License (No more than one employee at any given time will receive this certification pay) 1%
iii. ISA Certified Arborist 2%
iv. ISA Certified Arborist/Utility Specialist 2%
v. ISA Certified Municipal Specialist 1%
vi. ISA Certified Tree Worker/Aerial Specialist 2%
vii. ISA Board Certified Master Arborist 2%
The maximum incentive pay an employee can receive for qualified certificates is 4%.

B. Education Incentives:
i. Associate Degree from an accredited college
or university 1.5%
ii. Bachelors’ Degree from an accredited college
or university 3%
The above incentive pay only applies to those employees who have degrees that exceed the minimum qualifications, or the desirable qualifications listed in the job description for the position. (For example, the Assistant Planner would not be eligible for this incentive pay since the position requires a Bachelors’ Degree.) The maximum incentive pay an employee can receive for the qualified degree is 3%.

The maximum incentive pay an employee can receive for the combination of qualified certificates and degree is 6%.

M. Compensation for Training Time

5.7.b
Packet Pg. 36
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 12 1. All time for attendance at training/testing during regular work hours will be compensated as regular time worked. Attendance at conferences and workshops which take place outside the normal work shift will not be compensated as overtime.

2. When employees are required to attend training/testing to fulfill the requirements of their job descriptions (or are required to attend by the Department Head) during off-duty hours or weekends, the time actually spent in such training shall be compensated as time worked.

3. Training/testing attended by employees which is not required by the City shall not be compensated as time worked. However, the fee for the class or training may be compensated in accordance with City policy.

4. Time spent in traveling to and from required trainings/testing shall be compensated regardless of whether the travel time falls during the employee’s regular work hours.

N. Maintenance Worker III Classification (Alternative promotion language including skills review language to be developed within 60 days of MOU adoption) A Maintenance Worker II will be promoted to Maintenance Worker III when the minimum requirements of the position have been met and the employee has a current (not more than one year old) satisfactory or above performance evaluation. The minimum requirements are memorialized below and are specific to the positions that exist in the Public Works Department and the Recreation and Community Services Department.

1. Street & Collections Division
Completion of any two items in Category 1.

Category 1
Wastewater Collections System Operator – Grade I
Water Treatment Operator – Grade I
Water Distribution Operator Certification – Grade I
Qualified Applicator License (2 categories)
Certificate in Supervisory Management or equivalent course as approved by the City Manager.

2. Parks Division and Recreation and Community Services Department Completion of any two items in Category 2.

Category 2

5.7.b
Packet Pg. 37
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 13 Water Distribution Operator Certification – Grade I
Water Treatment Operator Certification – Grade I
Certified Tree Worker
Certified Pool Operator
Qualified Applicator License (2 categories)
Certificate in Forestry
Certified Backflow Prevention Tester
Certificate in Supervisory Management or equivalent course as approved by the City Manager.

Certificate in Landscape and Park Maintenance
C-27 CA State Landscape Contractors License
D-49 CA Tree Service Contractors License

3. Water Division
Water Distribution Operator Certification – Grade II and Completion of any one item in Category 3.

Category 3
Water Treatment Operator Certification – Grade I
Wastewater Treatment Operator Certification – Grade I
Wastewater Collection System Operator Certification – Grade I Certified Backflow Prevention Tester (Only three individuals in this division may receive cert pay for this certificate at any given time.) Certificate in Supervisory Management or equivalent course as approved by the City Manager.

4. Urban Forestry Division
Completion of any two items in category 4.

Category 4
Certified Tree Worker
Qualified Applicator License (2 categories)
Certified Arborist
Certificate in Forestry
Certificate in Supervisory Management or equivalent course as approved by the City Manager.

If a Maintenance Worker III employee loses certification or fails to renew certification to maintain the minimum requirements, the employee will be demoted to Maintenance Worker II. However, before being demoted, the employee shall have sixty (60) days from the date of loss or non-renewal to obtain the appropriate certification.

5.7.b
Packet Pg. 38
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 14 The transfer of an employee to a department which results in the employee no longer meeting minimum requirements for Maintenance Worker III shall cause the employee to be demoted to Maintenance Worker II only after the employee has been given six (6) months from the date of transfer to meet the department’s minimum requirements for Maintenance Worker III.

Department Head approval of any class or certification course is required prior to an employee’s enrollment in the class or course. Failure to obtain such approval may result in denial of reimbursement for the class.

O. Water Operator lll Classification
A Water Operator II or Maintenance Worker III will be promoted to a Water Operator III when the minimum requirements of the position have been met, the employee has a current (not more than one year old) satisfactory or above performance evaluation and the Human Resources Director has received and approved all documentation. The minimum requirements are memorialized below and are specific to the positions that exist in the Water Division.

1. Water Division
Completion of any two items in category 5.

Category 5
Water Treatment Operator Grade II Certificate
Water Distribution Operator Grade III Certificate

8. HEALTH AND WELFARE BENEFITS
Health Insurance

All employees in regular positions budgeted for forty (40) hours or more per pay period shall be eligible to participate in the health plans offered by the City.

The City agrees to continue to provide contributions for retired members, in accordance with PEMHCA, as set forth in subpart J of this section, related to retiree medical.

A. Cafeteria Plan
For purposes of this section, a “Tier 1 employee” is any employee covered by the provisions of this MOU, employed by the City before January 1, 2016.

For purposes of this section, a “Tier 2 employee” is any employee covered by the provisions of this MOU, employed by the City on or after January 1, 2016.

5.7.b
Packet Pg. 39
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 15 The City shall establish a Section 125 compliant Cafeteria Plan to provide a vehicle for the payment of health and optional benefit premiums. The City contribution shall be as follows:

1. Tier 1 Enhanced Benefit (Hired before January 1, 2016) Subscriber Only: Up to 100% of the Northern
California Area Kaiser
premium rate by category.

Subscriber Plus One: Up to 100% of the Northern
California Area Kaiser
premium rate by category.

Subscriber Plus Two or More: Up to 100% of the Northern California Area Kaiser
premium rate by category.

For the term of this agreement, the City contribution to the Cafeteria Plan shall be adjusted annually for the January 1 premium payment. In the event of a rate increase, the City contribution shall be increased by a dollar amount equal to 100% of the increased premium for the Northern California Area Kaiser premium, by category. In the event that an employee subscribes to a plan with a lower monthly premium than that of the above-mentioned Northern California Area Kaiser plan, the City will pay 100% of the premium for that plan.

2. Tier 2 Standard Benefit (Hired on or after January 1, 2016) Subscriber Only: Up to 80% of the Northern
California Area Kaiser
premium rate by category.

Subscriber Plus One: Up to 80% of the Northern
California Area Kaiser
premium rate by category.

Subscriber Plus Two or More: Up to 80% of the Northern
California Area Kaiser
premium rate by category.

5.7.b
Packet Pg. 40
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 16 80% of the increased premium for the Northern California Area Kaiser premium, by category. In the event that an employee subscribes to a plan with a lower premium than that of the above-mentioned Northern California Area Kaiser plan, the City will pay a dollar amount equal to the 80% of the Northern California Area Kaiser premium, by category, toward the premium for that employee’s choice of plan.

B. Medical

1. City Medical Contributions:

For qualifying regular full-time employees enrolled in a CalPERS PEMHCA medical plan, the City is obligated to pay the minimum employer contribution to qualifying employees pursuant to PERS resolution and government code section 22892. The City contribution in Section 8, subsection A above, includes the minimum employer contribution.

The City contribution required under Section 8, subsection A above, also, shall be designated for purposes of determining the minimum employer contribution with respect to retiree medical provided pursuant to PEMHCA.

2. Employee Medical Contributions:

The employee shall pay any difference between the City’s contribution to the Cafeteria Plan, if applicable, and the actual premium of medical insurance plan selected by the employee.

3. Alternative Insurance Options:

City reserves the right to implement an alternative health plan that provides equal or better benefits. “Equal or Better Benefits” is intended to mean the combination of the following: 1) as good or better access to health care professionals, 2) as good or better insurance coverage, 3) premiums that are equal to or lower than the CalPERS Health plans and, 4) equal to or less out-of-pocket cost to the employee.

The City agrees to meet and confer with the Union prior to making any changes to the health plan.

4. Medical-In-Lieu:

Employees who do not elect to take the City’s health insurance must provide proof of comparable group health coverage pursuant to PEMHCA (other than Covered California). Employees who opt out of City provided health insurance shall receive the dollar equivalent of 80% of employee only Kaiser premium in-lieu which shall be deposited into a Mid-America HRA account for the employee. If at any time the employee is in an unpaid status beyond the FMLA or any other protected leave period, the benefit will not be paid.

5.7.b
Packet Pg. 41
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 17 C. Dental Insurance
The City will provide Dental coverage of $2,000.00 per person annually, with Orthodontia care, without premium cost to the employee. Preventative care costs shall be covered 100% by the City.

D. Vision Insurance
The City will provide vision insurance, without premium cost to the employee, with a $0 employee co-payment for eye examinations, and a $20.00 employee co-payment for materials.

E. Optional Insurance Plans
The City shall offer at least two (2) optional insurance plans for employee participation. Optional insurance may include accident, disability or other specialized insurance products. These optional elements shall be offered to employees within the Cafeteria Plan on a pre-tax basis.

F. Life Insurance
The City agrees to provide term life insurance for all represented personnel, in the amount of $100,000.00, with no premium cost to the employee.

Dependent life insurance up to a $5,000 benefit will be provided with no premium cost to the employee.

G. Long Term Disability Plan
The City agrees to provide long-term disability insurance for all represented personnel equivalent to sixty-six and two-thirds (66 2/3’s) of pre-tax monthly earnings, not to exceed the plan’s maximum monthly benefit amount, less other income sources. Maximum monthly benefit is six thousand dollars ($6,000.00).

Benefit document shall be controlling and is available upon request from the Human Resources Department.

H. Employee Assistance Program
The City will continue to offer an EAP in conjunction with the City’s self-insured Worker’s Compensation Program. The City reserves the right to change carriers and program design. However, in no case shall the number of visits be less than five for each covered employee. Contact Human Resources Director for information.

I. State Disability Insurance
SDI is now in force for bargaining unit employees. There is no charge to the employee for the administration of the monthly payroll deduction. The employee is entitled to supplement weekly SDI benefits with accumulated leave time up to the amount of his/her regular monthly salary. In order to do this, the employee must remit to the City the check from SDI. The employee may also choose not to supplement SDI with accumulated leave. An employee may lose benefits if he/she is in unpaid status for more than one (1) month.

5.7.b
Packet Pg. 42
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 18 J. Worker’s Compensation
The City shall continue to cover employees under Worker’s Compensation.

Employees who receive Worker’s Compensation benefits shall be entitled to supplement these benefits with accumulated leave time up to the amount of his/her regular monthly salary. In order to do this, the employee must remit to the City their Worker’s Compensation check. An employee may also choose not to supplement Worker’s compensation benefits with accumulated leave time.

K. Retiree Medical
The City shall establish a Section 115 compliant plan for the reimbursement of retiree medical expenses subject to the following:

1. Current Retirees
This section in no way affects the rights and benefits of those who have retired or will retire prior to January 1, 2016. These retirees will maintain a dollar benefit equivalent to the dollar value of the current benefits established under the City of Patterson Resolution #2001-100, effective December 1, 2001.

For purposes of this section, the terms “current employee” and a “new hire” are defined as previously established in Section 8, subsection A, of this MOU.

2. Retirees (current employees) – Ages 55-65
Current employees, hired prior to January 1, 2015, who retire from the City with at least ten (10) years of service with the City, between the age 55 and 65, (or Medicare eligibility age, whichever is later), and enroll in the PERS medical insurance program, will be eligible to receive the City Retirement Benefit Stipend until they reach the age of 65 (or Medicare eligibility age, whichever is later), in accordance with the following schedule:

Years of Service Percentage of Standard Benefit
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or more 100%

For current employees who retire under this section, the Standard Benefit City contribution is as follows:

5.7.b
Packet Pg. 43
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 19 • Subscriber only: Up to 80% of the Northern California Area Kaiser premium, by category.
• Subscriber Plus One: Up to 80% of the Northern California Area Kaiser premium, by category.
• Subscriber Plus Two Up to 80% of the Northern California or more: Area Kaiser premium, by category.

3. Retirees over age 65 or upon Medicare eligibility (Current Employees) Current employees hired prior to January 1, 2015, irrespective of their years of service with the City, who retire at age 65 or older (or Medicare eligibility age, whichever is later), are eligible for a stipend of up to five hundred dollars ($500.00) per month. This stipend shall not be less than the PEMHCA minimum and not greater than the premium for coverage elected on a reimbursement basis. The Stipend covers participation in a CalPERS Medicare Plan, including those that include dental and vision, and non-CalPERS Medicare supplemental Plans. For retirees enrolled in Medicare and not enrolled in a CalPERS Medicare Plan or a Medicare Supplemental plan from the marketplace, the Stipend will cover the cost of any Medicare premium up to $500.00. Retirees who are eligible to receive the Stipend must provide proof of insurance enrollment including the cost of coverage to Human Resources in order receive the Stipend. Annually, during open enrollment, retiree must submit proof of insurance and cost to continue to receive the Stipend.

4. Service Retirement
Employees who retire between ages 50-55 and enroll in a CalPERS PEMHCA medical plan shall be entitled to only the minimum Employer contribution, pursuant to CalPERS PEMHCA resolution.

Employees hired on or after January 1, 2015 shall be entitled to only the minimum employer contribution upon retirement, pursuant to CalPERS PEMHCA resolution.

5. Disability Retirement
Tier 1 employees who retire under disability between ages 50-55 and enroll in a CalPERS PEMHCA medical plan may be entitled to the standard benefit subject

5.7.b
Packet Pg. 44
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 20 to the vesting schedule above if confirmed and uncontested by the City and with City Manager approval.

9. RETIREMENT

It is the intent of the parties that these sections be interpreted in accord with PEPRA 2013 and attendant CalPERS regulations.

A. Definitions:

New Member Employees:
• A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who has no prior membership in any California Public Retirement System.
• A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who was a member with another California Public Retirement System prior to January 1, 2013 and is not eligible for reciprocity.
• A member who first established CalPERS membership prior to January 1, 2013, and who is rehired (by a different CalPERS employer) after a break in service of greater than six (6) months.

Classic Member Employees:
• Employee members who do not meet the definition of “New Employee Members” as provided by Government Code section 7522.04(f).

B. Classic Employee Benefit:

Classic employees shall be provided the 2.7% @ 55 retirement formula including the following:

1. Disability Retirement
The City has contracted with CalPERS and has implemented the provisions of Section 21298: Improved Non-Industrial Disability Allowance. There is no cost to the employee.

2. Survivor Benefits
The City has contracted with CalPERS and has implemented Sections 21380-21387: 1959 Survivor Benefits. The cost to the employee is two dollars ($2.00) each month.

3. Sick Leave Conversion at Retirement
The City agrees to contract with CalPERS to implement Section 20965: Credit for Unused Sick Leave, whereby unused
accumulated sick leave, at the time of retirement, is converted to additional service credit at the rate of 0.004 year of service for each day of unused accumulated sick leave. There is no cost to the

5.7.b
Packet Pg. 45
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 21 employee.

4. Employee Contribution - 2.7% @ 55 Pension Plan
Effective upon CalPERS acceptance of contract amendment and as administratively feasible, employee members shall contribute, through payroll deduction, fifty percent (50%) of the normal employer cost for retirement benefit (rounded to nearest ¼ of 1%), for a maximum of eight percent (8%) according to PEPRA, based on normal employer cost for PERS Retirement Formula 2.7%@ 55.

Amounts shall be treated as Member Contributions and remain subject to portability and withdrawal pursuant to CalPERS rules.

If CalPERS rejects the contract amendment, the parties shall meet and confer over this issue.

5. Employee Contribution – 2% @ 62 Pension Plan Employees, hired after January 1, 2013, currently contribute, through payroll deduction, fifty percent (50%) of the normal cost for retirement benefit (rounded to nearest ¼ of 1%) as determined by CalPERS annually. Amounts contributed shall be treated as Member Contributions and remain subject to portability and withdrawal pursuant to CalPERS rules.

If CalPERS rejects the contract amendment, the parties shall meet and confer over this issue.

6. Final Compensation
For purposes of determining a retirement benefit, the final compensation for an employee member covered by Section 9A, shall mean the highest annual average pensionable compensation during thirty-six (36) consecutive months of service.

10. WORK HOURS
A. Semi Monthly Payroll
Payroll shall be issued twice monthly, 24 times per year.

B. Work Day and Work Week
Eight hours, exclusive of lunch periods, shall constitute a day's work for all fulltime employees. The typical work week of the City shall be five (5) working days of eight (8) hours each. The designated work week for employees shall be 7:00 AM to 4:00 PM, with a one-hour lunch period. It shall be the duty of each Department Head to arrange the work of the department so that each employee therein shall work not more than five (5) consecutive days in each calendar week, except that a Department Head, with approval of the City Manager, to temporarily perform service in excess of eight (8) hours per day or five (5) days per week when public necessity or convenience so requires. Department Heads

5.7.b
Packet Pg. 46
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 22 will not temporarily change an employee's regular work schedule to avoid payment of overtime.

C. Flex Time
A flexible work schedule may be developed and implemented whereby designated employees may be allowed to work a total of eighty (80) hours within a two-week period regardless of the number of hours worked per day, subject to approval of the Department Head and City Manager or his/her designee. The flexible work schedule shall be maintained as long as the needs of the public and the City are explicitly met.

D. Lunch and Break Periods
Because of varying work shifts, flex times, and job conditions, lunch and break periods are scheduled with the supervisor. Typically, a one (1) hour or one half (1/2) hour lunch break is provided. Two (2) break periods of fifteen (15) minutes each are also provided. Break periods cannot be accumulated; however, the City will respond to situations where employees are required to work through breaks and lunches.

E. Summer work hours for Public Works Department employees on the 9/80 schedule will be 6:30 AM to 4:00 PM, with a one-half hour lunch period.

Winter work hours will be 7:00 AM to 4:30 PM, with a one-half hour lunch period.

Starting times are one hour later on the one eight-hour workday during summer hours. Starting times are one-half hour later on the one eight-hour workday during winter hours. The ending times are one-half hour earlier on the eight-hour workday during winter hours. Employees at the Water Quality Control Facility are not typically on the 9/80 Schedule.

F. Work Week Defined
5/8/40 Schedule:

The official work week, for payroll purposes only begins at 12:00 AM on Sunday and runs until 11:59 PM the next Saturday = 40 hours.
9/80 Schedule:

The official work week, for payroll purpose only begins at noon on Friday and runs until noon the next Friday = 40 hours.
• Week #1 M9 + T9 + W9 +Th9 + F4 (1/2 of Friday) = 40
• Week #2 F4 (1/2 of Friday) + M9 + T9 + W9 + Th9 = 40

11. HOLIDAYS AND LEAVES
A. Holidays

1. Designated Holidays

5.7.b
Packet Pg. 47
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 23 All City employees shall have the following holidays with pay and shall not be required to work on such holidays except as hereinafter provided. a. January 1st (New Year's Day)
b. Martin Luther King Day
c. Presidents Day
d. Last Monday in May (Memorial Day)
e. July 4th (Independence Day)
f. First Monday in September (Labor Day)
g. November 11th (Veteran's Day)
h. Fourth Thursday in November (Thanksgiving Day)
i. The day following (Thanksgiving Day)
j. December 24th (Christmas Eve)
k. December 25th (Christmas Day)
l. December 31st (½ Day) (New Year’s Eve)
Whenever a holiday falls on a Sunday not scheduled as a regular workday, the following Monday shall be observed as the holiday. Whenever a holiday falls on a Saturday not scheduled as a regular workday, the preceding Friday shall be observed as the holiday.

An employee must have been in paid status, or receiving SDI or Worker’s Compensation for the entire amount of regularly scheduled hours of the days immediately prior to and following a City holiday, in order to receive holiday pay.

Regular and probationary employees have been credited with eighteen (18) hours vacation time, effective July 1, 2012. New monthly vacation accrual rates have been adjusted, effective July 1, 2012.

B. Vacation

1. Vacation accrual
Vacation benefits begin to accrue from date of hire and are accrued based on the number of months of full-time City service, computed to the nearest month, in accordance with the following schedule:

Length of Service Vacation Days Monthly accrual in hours Hire date thru 5 years 14.25 days 9.5
6 thru 8 years 17.25 days 11.5
9 thru 14 years 20.25 days 13.5
15 thru retirement 22.25 days 14.833

2. Maximum Accrual
Employees may accrue up to a maximum of 356 hours at any one time during the calendar year. When an employee has accumulated 356 hours, vacation accrual will stop until his/her balance falls below 356 hours. Employees may review current vacation balance on the payroll employee self-service website.

It shall be the responsibility of the employee and the Department Head to assure

5.7.b
Packet Pg. 48
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 24 That employees utilize credited vacation leave within the limitations set forth herein. Employees may only accrue more than 356 hours of vacation if the employee and the manager have made a good faith effort to take/allow time to avoid reaching the accrual maximum.

3. Vacation Usage and Approval
The time during the calendar year at which an employee may take vacation shall be determined by the Department Head with due consideration given to the wishes of the employee and with particular regard for the needs of the City.

Employees may not utilize vacation during the first six months of employment.

An employee wishing to schedule a vacation in excess of ten working days must request approval of the City Manager or his/her designee at least ten (10) working days prior to the vacation time requested. The employee will receive a response within 5 working days of submittal. Vacation time, or any requested leave time requiring any combination of vacation, administrative leave, comp time, or holiday time, which is in excess of ten consecutive working days, shall be granted based on the City's ability to provide adequate service coverage during the employee's absence. Employees may be approved for vacation requests in amounts less than one working day. Written requests for time off shall be answered in writing, with a stated reason for any vacation request which is denied. Requests for time off will not be unreasonably denied.

4. Holidays During Vacation
When one or more legal municipal holidays fall within a vacation leave, such day or days shall not be charged as vacation leave.

5. Vacation and CTO Cash Out on Termination
Any employee who terminates service with the City shall be entitled to cash payment for all accumulated vacation hours and compensating time off hours (CTO) up to a maximum of 436 hours. Such payment shall be based on the employee's hourly wage at the time of termination. The hourly wage shall be determined by multiplying the employee's monthly salary by 12 and dividing the result by 2080. Termination resulting from the death of an employee shall cause the vacation cash-out to be paid to the estate of the employee.

6. Employees have the option to elect cash in lieu for up to one year’s annual vacation accrual up to a maximum of one hundred twenty (120) hours of accrued vacation leave once every twelve (12) months in accordance with the following criteria:
• An employee must have a minimum balance of one hundred sixty (160) hours of accrued vacation at the time they make their irrevocable election. • An employee must have used at least forty (40) hours of vacation or compensatory time for actual time off from work in the previous twelve (12) month period, prior to making the election.

5.7.b
Packet Pg. 49
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 25 • An irrevocable election form must be received by payroll no later than December 31st for the following calendar year.
• In no event will a cash distribution exceed the number of hours the employee has actually accrued for the period of time between January 1 and the distribution date.
• The cash distribution shall be paid out the first pay period of November. • All distributions shall be made by separate payroll document whether traditional paper check or electronic direct deposit.
• A safety net of 40 hours minimum balance must be remaining after cash out.

12. SICK LEAVE, BEREAVEMENT LEAVE, FAMILY LEAVE
A. Sick Leave

1. Sick Leave Defined
For the purpose of this provision, family member shall be restricted to the employee’s biological parent, foster parent, adoptive parent, sibling, spouse, domestic partner, child, parent-in-law, brother-in-law, sister-in-law, grandparent, grandchild, stepparents, stepchildren or stepsibling, where there is a child rearing relationship, or a person who stood in loco parentis when the employee was a minor child.

Sick leave shall be allowed and used for any of the following purposes:
a. Diagnosis, care or treatment of an existing health condition of the employee or his/her family member.
b. Preventative care for the employee or his/her family member. c. Other purposes authorized by Labor Code Section 246.5 (leave for victims of domestic violence, sexual assault, or stalking).

Sick Leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave. If the employee's sick leave is depleted, vacation and comp time shall be allowed, upon request of the employee in writing. Sick leave will not be granted for illness, injury, medical condition, or other health related reason during any leave of absence other than sick leave, with one exception: an illness or injury occurring while on vacation leave may be covered by sick leave when such illness or injury causes the employee to be hospitalized, or when a physician has certified the employee's physical disability or illness.

2. Accrual/Eligibility
A regular or probationary employee shall accrue sick leave at the rate of 8 hours per month, and is credited with the accrued hours, following the completion of one month of service with the City, provided that the employee was in pay status for not less than 50 percent of the month. Employees who were in pay status for less than 50 percent of the month shall accrue sick leave at a rate of one (1) hour

5.7.b
Packet Pg. 50
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 26 for every thirty (30) hours worked. There is no maximum accrual amount for sick leave. In order to receive compensation while absent on sick leave the employee shall notify his/her supervisor at the beginning of the workday he/she is absent, or as soon as reasonably possible. The employee may be required by the Department Head, at the time he/she calls in to use sick leave, or as soon as reasonably possible, to provide a physician’s certificate of illness, injury, medical condition, or other health-related reason specified in subsections “a” and “b” above. Department Heads shall only require a physician's certificate if abuse of sick leave is reasonably suspected.

However, when an employee is absent due to illness or injury for three (3) consecutive workdays or longer, a physician's certificate or a personal affidavit may be required by the Department Head.

3. Accumulated Sick Leave on Retirement
Accumulated sick leave may be used for the purpose of computing an employee’s CalPERS retirement. At retirement, unused accumulated sick leave is converted to additional service credit at the rate specified by the prevailing CalPERS contract.

There is no cost to the employee.

B. Bereavement Leave
Up to five days bereavement leave may be granted to a regular employee by his/her Department Head in the event of a death in the employee's family. For the purpose of this provision, the immediate family shall be restricted to biological parent, foster parent, adoptive parent, sibling, spouse, domestic partner, child, parent-in-law, brother-in-law, sister-in-law, close relative residing in the household of the employee, grandparent, grandchild, stepparents, stepchildren, or stepsibling, where there is a child rearing relationship, or a person who stood in loco parentis when the employee was a minor child. Requests for bereavement leave in excess of three days shall be subject to approval of the City Manager and will be charged to accumulated leave for the number of days in excess of the first three days.

C. Family Leave
Each regular full-time employee having completed a minimum of one year of continuous employment with the City may request a family care “leave of absence” as provided for in the California Family Rights Act of 1991 and the Federal Family and Medical Leave Act of 1993.

Family is defined as an employee’s child (biological, adopted, foster, stepchild or legal ward under the age of eighteen), legal spouse as defined in Civil Code section 4100, or parent.

A serious health condition is defined as an illness, injury, impairment or physical or mental condition of the employee or his/her family member, which warrants the

5.7.b
Packet Pg. 51
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 27 participation of a family member to provide care during a period of treatment or supervision and involves either one of the following:

1. In-patient care in a hospital, hospice or residential care facility; or

2. Continuing treatment or continuing supervision by a health care provider.

The request may be granted but will not exceed twelve (12) work weeks in a twelve (12) month period. The twelve-month period will commence on the first day the leave begins. The leave will be an unpaid leave. Medical benefits, dental benefits, life insurance benefits and retirement benefits will continue. Other benefits, such as vacation time, sick leave time, etc. will not accrue during the period of leave.

It is the policy of the City to treat absence from work for reasons of pregnancy, adoption, or serious health condition of a child, spouse, or parent, as any other disability. A doctor’s letter should be provided to the City Manager or his/her designee as soon as the request for the leave is made. A family leave of up to ninety (90) days duration shall be granted upon request of the employee. This period of leave is inclusive of any leave granted prior to, and immediately following, the birth of a child. During this period of leave, the employee may use any combination of available accrued types of leave, i.e., sick, vacation, compensatory time, etc., including a leave of absence without pay.

The City will pay the employee's monthly health insurance premiums during the ninety (90) day period, in the event the employee has not accrued sufficient paid leave time for the duration of the approved leave. Unless there is a medical reason that the employee cannot return to work at the end of the ninety (90) day period, as evidenced by a report from a medical doctor, the employee will be considered due back at the end of that time. All requests for an extension of the ninety (90) day period of leave for non-medical purposes will be evaluated on a case-by-case basis by the City Manager.

D. Family Medical Leave Act
In addition to that required by the FMLA, the City will:

1. Begin the one (1) year eligibility for twelve (12) week leave with the first day for which the employee is granted leave.

2. Utilization of paid or unpaid time during the leave shall be the choice of the employee, with the exception that employees shall be required to first use all sick leave accrued that is in excess of eighty (80) hours.

3. Seniority for all purposes will continue during the FMLA leave, up to a maximum of forty-five (45) days for unpaid leave. The maximum shall be sixty (60) days if the leave is taken in combination with paid time.

4. In addition to immediate family, grandparents, grandchildren and parents-in- law are covered as reasons for requesting FMLA leave.

5.7.b
Packet Pg. 52
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 28 13. LEAVES
A. Leave of Absence Without Pay
Leave of absence without pay may be granted by the City Manager or his/her designee upon recommendation of the Department Head. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request. All requests shall be evaluated on the basis of personal need, duration, and work requirements. Any leave of absence without pay lasting more than fourteen (14) calendar days shall preclude an employee from accruing leave time and other benefits after day fourteen (14), except as outlined in the Family Leave policy.

B. Military Leave
Military leave shall be granted in accordance with the provisions of state and federal law. All employees applying for military leave shall give the Department Head, within the limits of military regulations, an opportunity to determine when such leave shall be taken. Employees may use compensatory time and vacation time for battle assemblies.

C. Jury Duty Leave
Regular and probationary employees who are summoned to serve on jury duty or are subpoenaed as a witness in any court in this State or the United States, or any administrative board or tribunals, shall be entitled to a leave of absence with pay while serving provided the fees, except mileage or substance, are remitted to the City. Employees must return to work if not required to attend jury duty on a particular day.

D. Catastrophic Leave Bank
The City agrees to establish a Catastrophic Leave Bank (CLB) to assist full time non-probationary employees who have exhausted accrued leave time due to a serious or catastrophic illness or injury. The (CLB) will allow the bargaining unit employees to donate time to affected employees within and outside the unit, so that he/she can remain in a paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury or condition. This donated time will be placed in a CLB and drawn down from the CLB by the eligible employee.

Eligibility
To be eligible for this benefit, the receiving employee must: 1) Be a regular fulltime employee, 2) Have sustained or have an immediate family member who has sustained a life threatening or debilitating illness, injury or condition which may require confirmation by a physician, 3) Have exhausted all accumulated paid leave, including vacation, sick leave, and/or compensatory time off, 4) Be unable to return to work for at least 30 days or in the case of the condition affecting the immediate family member, that member must be in need of prolonged and

5.7.b
Packet Pg. 53
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 29 significant personal care; and 5) Conformed with the requirements of the Family Medical Leave Act and/or Worker’s Compensation.

Benefits
Accrued sick, vacation and compensatory time off hours donated by employees will be converted to sick leave and credited to the CLB as sick leave time on an hour-for-hour basis and shall be paid at the rate of pay of the receiving employee. For as long as the receiving employee remains in a paid status, seniority, and all other benefits will continue. The total leave credits received by an employee will not normally exceed 6 weeks. However, if approved by the Department Head and the Human Resources Director or his/her designee the total leave credits may be extended on a case by case basis, subject to review by the City Manager or designee.

Guidelines for Donating Leave Credits to The Time Bank
a. Accrued sick leave, vacation leave, and compensatory time off may be donated by any regular full-time employee who has completed his/her initial City probationary period.
b. Time donated will be converted from vacation or compensatory time to sick leave hours and credited to the CLB sick leave time on an hour-for-hour basis and shall be paid at the rate of pay of the receiving employee. c. The total amount of time donated to the CLB shall not exceed forty (40) hours by an employee in a Fiscal Year. The total leave credits received by the employee shall not exceed 6 weeks or 240 hours; however, the City Manager may approve an extension up to 12 weeks or 480 hours total time. d. An employee cannot donate leave hours that would reduce his/her sick or vacation balance to less than 120 hours each.
e. Under all circumstances, time donations received for the employee are forfeited once made by the employee making the donation. f. Taxability of leave donated or received under this program will be governed by Internal Revenue Service Guidelines.
g. For the purpose of the Section, “Immediate family member” as referenced under Bereavement Leave shall be defined as provided for in Section 12 B, Bereavement Leave.
h. Under extenuating and extraordinary circumstances and upon recommendation of the City Manager exceptions may be granted on a caseby-case basis. Such exceptions shall not establish practice or precedence.

14. FILLING VACANCIES
A. Job Announcements
All job announcements, (promotional, internal or external), job vacancies and recruitments shall be posted on a bulletin board and shall specify at least the major job responsibilities and desirable qualifications, and the selection process options of the City. Job announcements shall be posted on appropriate bulletin

5.7.b
Packet Pg. 54
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 30 boards in City facilities at least ten (10) working days prior to the final filing date, which shall be printed on the job announcement. Recruitment methods shall be utilized as necessary to ensure that various segments of the labor market are reached by the City during the recruitment process.

B. Examinations
The selection of techniques used in the examination process shall be impartial and of a practical nature and shall relate to those subjects which are related to the duties and responsibilities of the position.

The examination may consist of evaluation of personality and background through written tests, oral interviews, performance tests, medical examinations and other job-related tests, or a combination thereof. The methodology of examination shall be included in the job announcement. Examinations may be open or promotional at the discretion of the Human Resources Director, who shall consider the recommendation of the Department Head.

Employees may take part in the examination process on City time.

C. Notification of Results and Appeal Rights
Applicants who meet the minimum requirements for admission to the eligibility list must be notified that they have achieved minimum rank. In addition, each nonselected employee applicant must be given notice of non-selection, including general reasons, requirements for admission to eligibility and appeal rights available. Employees who are not selected shall have five working days to appeal the non-selection to the City Manager. The City agrees to make no appointment from the eligible list until the City Manager has made a decision on the appeal.

The City will take reasonable steps for notification of applicants, including mailing such notice to the last known address.

Each candidate in an examination shall be given notice of the results within a reasonable amount to time.

D. Eligibility List
Following the examinations, an eligibility list shall be established to determine the names of applicants who have achieved minimum rank. Such applicants shall be deemed as qualified for appointments pending further review by the appointing authority and other qualifying procedures, including reference checks, medical examinations and background investigations. Eligibility lists shall be valid and in effect for a period of six (6) months up to a maximum of one (1) year, at the discretion of the City Manager or his/her designee. Eligibility lists shall be certified by the Human Resources Director.

If a Department Head does not feel an appointment from the list would be in the

5.7.b
Packet Pg. 55
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 31 best interest of the City, the Department Head may request the abolishment of the list and establishment of a new list. Eligibility lists may be merged in a continuous or separate recruitment. Names may be dropped from the list if the candidate cannot be located, if a request is made by the person on the list to be dropped, or, in the case of a promotional list if the employee resigns from City employment.

E. Re-Employment
With the approval of the appointing authority and the City Manager or his/her designee, a regular or probationary employee who has completed at least six months of probationary service, and who has resigned with a good record and in good standing, may be reinstated to the former position, if vacant, or to a vacant position in the same or a comparable class within one year from the date of resignation.

No credit for former employment shall be granted in computing salary, vacation, sick leave or other benefits, including seniority, without the specific recommendation of the appointing authority and the approval of the City Manager or his/her designee. Retirement benefits shall be subject to applicable PERS regulations.

F. Transfers

1. Employee Requested Transfers
New employees who have completed their probationary status in their current position may apply for a transfer. All other employees who have worked a minimum of six (6) months in their current position may apply for a transfer. A request may be submitted only when a vacancy exists. Vacancies shall be posted as a "Job Announcement" and shall state that transfer requests will be accepted, along with written filing deadlines. There is a ten (10) working day minimum posting requirement. The employee's request for transfer will be considered on the basis of the employee's qualifications for the vacant position, the employee's best interest, and the best interest of the City.

2. Employer Initiated Transfers
The City reserves the right to transfer its employees from one position to another, one division to another or one department to another, if the transfer is necessary for the purpose of economy or efficiency. The City shall determine the employee chosen based on the employee’s qualifications and fit for the new position, division or department. In cases where employees have equal qualifications management will, with seniority playing a role, along with other factors determine the candidate for the transfer. The City agrees to meet with the Union prior to making a decision to initiate a transfer. The City further agrees to notify the employee at least ten (10) calendar days in advance of the effective date of the transfer.

5.7.b
Packet Pg. 56
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 32 3. Conditions for Transfer
An employee who does not possess the minimum qualifications for an open position shall not be transferred to that position. A qualified employee may be transferred, provided the transfer has been approved by the employee's current supervisor, the new supervisor and the City Manager or his/her designee.

15. PERFORMANCE EVALUATIONS
The intent of the performance evaluation is to inform the employee of the rater's opinion of the job done by the employee. The evaluation shall be given to the employee on the employee's anniversary date and shall not cover more than one year. The employee will be notified if he/she is to be evaluated for a shorter time period and in advance of when the shorter time period begins. The evaluation must be discussed with the employee by the rater. The rater shall consider any comments made by the employee and may change the evaluation as a result of such discussion. The employee shall be given the opportunity to sign the evaluation and shall have the right to submit a written rebuttal to the evaluation. It is understood that performance deficiencies will be addressed in a timely manner, with the intent of correcting said deficiencies.

16. PROBATIONARY STATUS
The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing an employee's work for securing the most effective adjustment of a new employee to his/her position, and for rejecting any probationary employee whose performance does not meet the acceptable standards of work.

A. Original Appointments
Original appointments to a position within the classified service shall be subject to a probationary period of no less than one (1) year. The probationary period may be extended with the approval of the City Manager for a period not to exceed an additional six (6) months. Failure to notify an employee in writing within one (1) year of his/her initial hire date regarding the employee’s permanent status or rejection/extension of probation will automatically result in the granting of permanent status.

B. Promotional Appointments
Promotional appointments shall be subject to a probationary period of six (6) months and may be extended by the Department Head for not more than three (3) months with the approval of the City Manager. Failure to notify an employee in writing, within six (6) months of appointment, of rejection/extension of probation will automatically result in the employee receiving permanent status in the new position.

C. Return Rights
Promoted employees have the right to return to their former position at

5.7.b
Packet Pg. 57
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 33 any time during the first month following appointment to the position.

D. Probation Extension for Absences
In the event of illness or injury requiring absence from work, the number of days absent in excess of ten (10) days may be added to the length of the probationary period for both original and promotional probation.

E. Rejection of Probation

1. An employee may be released at any time during the probationary period by the City Manager without cause and without the right to appeal or to submit a grievance.

2. An employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which the employee was promoted or to a comparable position, at no less than the rate of pay received prior to the promotion, unless charges are filed, and he/she is discharged in the manner provided in Chapter 11 of the Personnel Policies.

17. GRIEVANCE PROCEDURE/DEFINITIONS
A. Grievance
A grievance shall be a written notice filed in a timely manner by an employee on his/her own behalf, or by the Union on behalf of one or more employees, contending that the City has violated or misapplied a term or condition of employment as expressed in State law, Federal law, Memorandum of Understanding or expressed and/or written in the Personnel Rules and Regulations of the City.

B. Complaint
A complaint is defined as an employee allegation of a violation, which is not defined as a grievance or subject to the harassment procedure. Complaints shall be handled the same as grievances except that there is no appeal beyond the department level.

C. Representation
At each step of the grievance procedure, the employee(s) may be represented by a representative of his/her choosing.

D. Time Frames
The time frames established in the grievance procedure may be extended by mutual agreement of the employee and the City.

E. Notification
A grievance shall be submitted in writing and shall include at a minimum:

1. Nature of the grievance.

5.7.b
Packet Pg. 58
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 34 2. Date when the incident occurred.

3. Description of the incident.

4. Rule violated.

F. Steps in the Grievance Procedure

1. First Step-Informal Discussion
Employees are encouraged to discuss and resolve allegations of a grievance with their immediate supervisor within ten (10) working days of the occurrence causing the alleged grievance. The immediate supervisor shall inform the employee verbally of his/her decision within 5 working days of the initial discussion. If the employee is not satisfied with the verbal response of the immediate supervisor, he/she may proceed to the next step.

2. Second Step-Immediate Supervisor
If the grievance is not satisfactorily resolved in the first step, the grievance may be submitted in writing to the employee's immediate supervisor within five (5) working days of the immediate supervisor's response in the first step.

An attempt shall be made to resolve the grievance between the employee and his/her designated representative, if any, and the immediate supervisor.

The supervisor shall deliver a written answer within five (5) working days of submission of the written grievance.

3. Third Step-Intermediate Supervisor
If the grievance is not satisfactorily resolved in the second step, the grievance may be submitted to the immediate supervisor's supervisor, if any within the department's organization, within five (5) working days after the immediate supervisor's answer is received by the employee. After an attempt to resolve the grievance between the employee and his/her designated representative, if any, and the intermediate supervisor, if any, the intermediate supervisor shall deliver a written answer within five (5) working days after submission of the grievance. If there is no intermediate supervisor, the grievance shall go directly to the Department Head.

4. Fourth Step-Department Head
If the grievance is not satisfactorily resolved in the second or third step, it may be submitted in writing to the employee's Department Head within five (5) working days after the immediate or intermediate supervisor's answer is received by the employee. The Department Head shall meet with the employee and his/her designated representative, if any, within ten (10) working days after submission of the grievance to the Department Head. The Department Head shall review the grievance and may affirm, reverse or modify the disposition made at the second and/or third step. The Department Head's answer shall be delivered in writing to the employee within five (5) working days after the aforementioned meeting.

5.7.b
Packet Pg. 59
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 35 5. Fifth Step-City Manager
If the grievance is not satisfactorily resolved in the fourth step, the employee may appeal the decision of the Department Head to the City Manager. The appeal must be in writing and submitted within ten (10) working days of receiving the Department Head's decision. At the option of the employee, the grievance may be submitted directly to the City Manager or to an impartial arbitrator who shall render an advisory opinion to the City Manager. The employee's written appeal shall specify which option is to be utilized. a. Appeal to City Manager
Within ten (10) working days of submission of the grievance to the City Manager, the City Manager shall meet with the employee and his/her designated representative, if any, and other appropriate person(s) to assess the grievance. The City Manager may affirm, reverse or modify the disposition of the grievance. The City Manager shall deliver a written decision to the employee within five (5) working days after the aforementioned meeting. This decision shall be final and binding on all parties.
b. Appeal to Impartial Arbitrator for Advisory Opinion
If an employee elects to use an impartial arbitrator, the arbitrator shall be selected jointly by the employee and his/her designated representative, if any, and the City. The arbitrator shall hold a hearing on the merits of the grievance and shall consider evidence from all parties concerned. The arbitrator shall submit a written advisory opinion to the City Manager.

Upon receipt of advisory opinion, the City Manager shall proceed as stated in "Appeal to City Manager" above, for a final and binding decision.

The cost of the arbitrator shall be borne equally by the employee and the City.

18. DISCIPLINARY PROCEDURES
A. Application
The appointing authority shall apply necessary and appropriate disciplinary action whenever an employee fails to meet the required standards of conduct or performance. Discipline is the enforcement of conformity to policies, rules and regulations and other administrative or legal requirements or practices designed to maintain a standard of cooperation and conduct necessary to carry out the service mission of the City organization successfully. The disciplinary action, when taken, shall be documented in such a manner as to be defendable at review and/or upon filing of a grievance by the disciplined employee. The concept of progressive discipline shall govern the imposition of discipline.

5.7.b
Packet Pg. 60
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 36 B. Types of Disciplinary Action
Disciplinary actions include reprimands, suspensions, demotions and dismissal as defined below:

1. Verbal Reprimands
In the event that the appointing authority determines that a deficiency in performance or conduct is not of sufficient magnitude to warrant a more formal disciplinary action, an oral warning may be given to the employee, which should include examples of corrective actions which should be taken to improve performance or conduct in question. A confidential, written record shall be made of such conferences with a copy provided to the employee.

This written record may not be used against an employee to determine the severity of future discipline if the employee has received no further verbal reprimands or written reprimands within three (3) years of the initial verbal reprimand. An employee may request the City Manager to remove the written record from his/her personnel file after the written record has been in the file for one (1) year.

However, any disciplinary action item removed after one year will be maintained in a separate secured file and shall be considered as part of the disciplinary record for further incidents within three (3) years of the date of the first incident.

2. Written Reprimands
An oral or written statement from the appointing authority to a subordinate of an action which meets any of the grounds for disciplinary action listed in these rules. After verbal consultation, an official notification in writing must be given by the appointing authority to the employee stating the cause(s) for dissatisfaction with his/her services and that further disciplinary measures may be taken if the cause is not corrected. Said written record may not be used against an employee to determine the severity of future discipline if no further written reprimands are received within three (3) years of the initial written reprimand. An employee may request the City Manager to remove the written reprimand from his/her personnel file after the written reprimand has been in the file for one (1) year. However, any disciplinary action item removed after one year will be maintained in a separate secured file and shall be considered as part of the disciplinary record for further incidents within three (3) years of the date of the first incident.

3. Suspension
The temporary separation of the employee from City service without pay for disciplinary purposes and not to exceed thirty (30) calendar days in any one (1) calendar year.

5.7.b
Packet Pg. 61
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 37 4. Demotion
A change in employment status resulting in a lower rate of pay. A demotion may involve movement from one salary step to a lower step or from a position in one class to a position in a lower paid class.

5. Dismissal
The discharge of an employee from City service for disciplinary purposes by the appointing authority.

C. Causes for Disciplinary Action
The causes for disciplinary action include, but are not limited to, the following:

1. Insubordination, which shall consist of violation of any official regulation or order or failure to obey any proper directions made and given by a supervisor in the course of employment.

2. Incompetency, inability or failure to perform the duties required by the position, as well as willful neglect of official duty.

3. Carelessness in the discharge of assigned duties.

4. Substance abuse or consumption of alcoholic beverages during working hours or reporting to work in a state of intoxication.

5. Misconduct in office or employment.

6. Presentation or use of known false information in any manner to commit or attempt to commit fraud, or the falsification or unauthorized alteration of City documents or records.

7. Repeated tardiness, excessive absences, absence without leave, or the improper or unauthorized use of leave privileges or benefits.

8. Gambling for money or articles of value during the working day.

9. Careless, negligent, improper and unauthorized use of City equipment, property or funds for private or personal purposes.

10. Unauthorized discussion or release of confidential informational documents or records.

11. Violation of the Personnel Ordinance or rules and regulations or a promulgated department rule, regulation or policy.

12. Unlawful use, sale, or possession of narcotics or habit-forming drugs, which impair job performance, except as prescribed by a licensed physician.

5.7.b
Packet Pg. 62
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 38 13. Refusal or failure to promptly or properly report an injury or disability arising from or in the course of employment.

14. Engaging in unauthorized or incompatible employment elsewhere, or engaging in political activities during working hours.

15. Dishonesty.

16. Conviction of a felony or conviction of a misdemeanor involving moral turpitude.

17. Immorality.

18. Discourteous treatment of the public or other employees.

19. Repeated violation of safety procedures.

20. Other failure of good behavior either during or outside of duty hours which is of such a nature as to cause discredit to the City.

21. Refusal to take or subscribe to any oath or affirmation which is required by law in connection with employment.

D. Disciplinary Procedures
When a permanent employee is to be suspended, demoted or dismissed, a written notice of the proposed action is to be prepared by the appointing authority, reviewed by the City Manager or his/her designee, and then delivered to the employee in person or by certified mail, with a timely copy provided to the Union (including notice of positive drug or alcohol tests).

The written notice shall include:

1. The reasons for the proposed action.

2. The charges being considered.

3. The proposed disciplinary action to be taken.

4. A statement advising that before the proposed disciplinary action takes effect the employee may request, in writing, to meet with the Department Head to respond to the proposed disciplinary action. The employee shall have ten (10) working days from the date the proposed disciplinary action is received to request this meeting.

5. The employee shall be given a copy of all materials upon which the action is based. All charges filed against a permanent employee shall be documented in clear and concise language. The employee is entitled to be represented at

5.7.b
Packet Pg. 63
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 39 any meeting concerned with potential disciplinary action when the employee’s presence is required at said meeting.

E. Notification of Decision
Within ten (10) working days after the employee has had the opportunity to respond, the appointing authority shall notify the employee of any disciplinary action to be taken and the effective date.

F. Appeal of Decision
The employee may appeal the decision within ten (10) working days of receiving the notification of disciplinary action. The appeal may be made directly to the City Manager or an impartial arbitrator may be utilized to provide an advisory opinion to the City Manager. The appeal letter to the City Manager must specify whether the appeal is to be heard by the City Manager or the arbitrator.

Advisory arbitration is an option only if the intended discipline is a suspension of greater than ten (10) working days, a demotion or a termination.

1. Advisory Arbitration
The impartial arbitrator shall be selected by the employee and/or designated representative and the City. The cost of the arbitrator, if any, shall be borne equally by the employee and the City. The arbitrator shall submit a written advisory opinion to the City Manager who shall make the final and binding decision to sustain, revoke or modify the decision of the appointing authority within ten (10) working days of the receipt of the advisory opinion.

2. City Manager
An employee may submit the appeal directly to the City Manager. Within ten (10) working days following conclusion of the hearing as specified hereafter, the City Manager shall make the final and binding decision to sustain, revoke or modify the decision of the appointing authority who took the disciplinary action against the employee.

3. City Council
Pursuant to the opinion of City Council, should the City Manager be disqualified from holding a hearing and/or rendering a final and binding decision, an advisory arbitrator shall be utilized. The arbitrator’s advisory written opinion shall be given to the City Council for final decision. The Council shall consider the case at its next regularly scheduled meeting.

G. Hearing
The City Manager or arbitrator shall conduct a hearing on an appeal filed in accordance with Section F. The date for the hearing shall be scheduled within twenty days of receipt of the employee's request, as provided above, to commence as soon as can be expeditiously arranged. Written notice of the time

5.7.b
Packet Pg. 64
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 40 and place of the hearing shall be given to the appellant. The hearing shall be conducted in accordance with the provisions of Section 11513 of the Government Code of California, except that the appellant and other persons may be examined as provided in Section 19580 of said Government Code.

The affected employee (appellant) may be represented by an attorney or other representative of his/her choosing. Each party shall be given a reasonable opportunity to be heard on relevant issues, including the right to cross-examine witness.

Compliance with the technical rules of evidence applied in the courts shall not be required. Oral evidence shall be taken only on oath or affirmation. Hearsay evidence is admissible but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. Immaterial, irrelevant, or unduly repetitious evidence may be excluded. The rules of privilege shall apply. If appellant does not testify on his/her own behalf, he/she may be called and examined as if under cross-examination.

H. Failure of Employee to Appear at Hearing
Failure of the appellant to appear at the hearing without sufficient cause shall be deemed a withdrawal of the appeal and the action of the City Manager or Department Head shall be final.

I. Temporary Absence with Pay
Notwithstanding the provisions of this section, upon the recommendation of the appointing authority, the City Manager may approve the temporary assignment of an employee to the status of absent with pay pending conduct or completion of such investigations or hearings as may be required to determine if disciplinary action is to be taken. Such status maybe conditioned such that the employee remains available and in daily telephone contact with the employer.

19. LAYOFF PROCEDURE
A. Conditions for Layoff
The City Manager, with the concurrence of the City Council, may abolish any position or employment because of material change in duties and organization, or shortage of work or funds. The employee holding such position of employment may be laid off without disciplinary action and without the right of appeal. No regular employee shall be laid off until all temporary and probationary employees holding positions in the same class in the department assigned or the class in which the position is to be abolished have been laid off.

B. Notice of Layoff
Employees to be laid off shall be given at least twenty-one (21) calendar days’ notice in writing. Such notice shall be delivered in person or by certified mail.

5.7.b
Packet Pg. 65
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 41 Employees subject to this notice shall have seven (7) calendar days to respond to their options as listed in this procedure.

C. Order of Layoff
In an affected class, employees shall be laid off in reverse order of seniority and in consideration of performance as defined below. Seniority is determined by total amount of full-time service with the City. Seniority shall be reduced, for the purpose of the layoff procedure only, by the amount of time for which an employee received a performance evaluation evidencing an over-all performance of less than satisfactory. In the event two (2) or more employees have equal seniority in the affected class, such ties shall be broken on the basis of the last three (3) performance evaluations reports in that class, as determined by the City Manager.

D. Bumping Rights
An employee who is subject to layoff as a result of this procedure shall have the following rights:

1. Bump an employee with less seniority in a lower class in the same class series. Class series shall mean the following:
a. Account Clerk and Senior Account Clerk.
b. Administrative Assistant I and II
c. Code Enforcement Officer I and Code Enforcement Officer II d. Maintenance Worker I, Maintenance Worker II, and Maintenance Worker III.
e. Waste Water Operator in Training, Waste Water Operator I, Waste Water Operator II, and Waste Water Operator III.
f. Water Operator in Training, Water Operator I, Water Operator II, and Water Operator III.

2. Bump an employee with less seniority in a lower class previously held. This bump right is subject to the employee's last evaluation in the prior class being an overall rating of satisfactory or above. To retain the new position, the employee must bring any single section of the last evaluation in the previous position which was below satisfactory up to satisfactory or above within six (6) months.

3. Demote to a vacant position in a class previously held. This right is subject to the employee's last evaluation in the prior class being an over-all rating of satisfactory or above. To retain the new position, the employee must

5.7.b
Packet Pg. 66
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 42 bring any single section of the last evaluation in the previous position which was below satisfactory up to satisfactory or above within six (6) months.

4. Accept the layoff and be placed on the Re-Employment List.

Any employee subject to layoff as a result of the bumping rights listed herein shall, in turn, be given the same bumping rights.

E. Re-Employment List
The names of persons laid off in accordance with these rules shall be entered on a re-employment list for one (1) year, except that persons appointed to permanent positions shall, upon such appointment, be dropped from the list.

Vacancies which occur within one (1) year of layoff will be offered to employees on the re-employment list in the same order in which the employees were laid off.

Employees who are qualified, pursuant to the same rules by which they were laid off, shall be offered vacancies as they occur.

It shall be the responsibility of the employee on a re-employment list to keep the City informed of his/her current address, telephone number and availability for work. Notice of the opportunity of employment shall be mailed to the employee’s last known address. The employee shall have seven (7) calendar days from the date of receipt to respond to the employment opportunity.

20. UNIFORM PROVISION
The City shall provide and launder uniforms for all maintenance and wastewater treatment employees.

21. TOOL ALLOWANCE / INSURANCE - EQUIPMENT MECHANIC
Effective January 1, 2018, the City shall pay each equipment mechanic a tool allowance of fifty dollars
($50) per month. The City further agrees to insure against theft or breakage of the tools of each equipment mechanic while said tools are stored or being used at a City facility or job site. The City will consider requests to purchase additional tools. Such requests shall be submitted in writing to the Department Head.

22. SAFETY SHOE ALLOWANCE
The City shall reimburse employees in eligible classifications up to seventy-five dollars ($75) annually for the purchase of safety shoes. The City will reimburse up to one-hundred seventy-five dollars ($175.00) for the purchase of steel toed safety boots, subject to verification the boots are steel toed. Employees must submit a sales receipt to Finance within thirty (30) days of purchase in order to receive reimbursement. It is understood that employees who receive

5.7.b
Packet Pg. 67
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 43 reimbursement for the purchase of safety shoes or steel toed safety boots will actually wear said shoes when working for the City.

The following classifications are eligible for the safety shoe allowance:

Administrative Assistant l/lI positions in the Fire Department as well as Code Enforcement Officer classifications.

The following classifications are eligible for the steel toed safety boots allowance:

Equipment Mechanic classifications, Maintenance Worker classifications, Water Operator classifications, and Waste Water Operator classifications.

Additional shoe allowance will be made available, subject to Department Head approval to address recommendations by a licensed physician for safety shoes or steel-toed footwear to address the prescribed medical assistance.

23. MEAL ALLOWANCE
An employee required to work four (4) or more hours beyond the scheduled shift on emergency work, or for four (4) or more consecutive hours of work when on Standby or Call-Back, shall be given a twelve-dollar ($12.00) voucher for a meal allowance to be used at the approved vendors and shall be entitled to a thirty (30) minutes unpaid meal period for every additional four (4) hours worked. Only one (1) twelve-dollar ($12.00) voucher shall be given per shift unless the employee works four (4) or more consecutive hours and is released from duty and then must return for four (4) or more hours in the same shift.

24. OCCUPATIONAL HEALTH AND SAFETY
Occupational health and safety are the mutual concern of the employer, the Union and employees. To that end, the City shall comply with applicable Federal, State and local safety laws, rules and regulations and ensure that employees will do the same.

25. COMMERCIAL DRIVERS LICENSE
A. An employee required to obtain and/or maintain a Class A or Class B Commercial Driver License as a condition of employment shall not be terminated from service without first having had the opportunity to pass the written and/or driving test two (2) times. An employee who has failed either test must, however, request a second test within thirty (30) calendar days after receiving notice the first test was failed. The City agrees to provide reasonable assistance to help employees pass the written and driving tests.

26. CAREER LADDERS
A. Account Clerk

5.7.b
Packet Pg. 68
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 44 An employee in this classification will be promoted to Senior Account Clerk upon completion of two (2) or more years of service and receipt of a satisfactory or above performance evaluation.

B. Maintenance Worker I
An employee in this classification will be promoted to Maintenance Worker II upon completion of two (2) or more years of service and receipt of a satisfactory or above performance evaluation.

C. Administrative Assistant I
An employee in this classification will be promoted to Administrative Assistant II upon completion of two (2) or more years of service and receipt of a satisfactory or above performance evaluation.

27. FAIR EMPLOYMENT PRACTICE
The City of Patterson assures any technique or procedure used in recruitment and selection of employees shall be designed to measure only the job-related qualifications of applicants. No recruitment or selection technique shall be used which, in the opinion of the City Manager or his/her designee, is not justifiably linked to successful job performance. It is the policy of the City that no technique, procedure or policy in recruitment and selection shall be discriminatory to any group protected by state or federal legislation.

28. NON-DISCRIMINATION POLICY
The City shall offer equal employment to all persons without regard to race, religious creed, color, ancestry, sex, sexual orientation, gender, gender identity, gender expression, age, national origin, religion, physical or mental disability, medical condition, genetic information, marital status, or military or veterans’ status. No applicant is to be discriminated against or given preference because of these factors. This policy is intended to apply to recruiting, hiring, promotions, upgrading, layoffs, compensation, benefits, termination and all other privileges, terms and conditions of employment.

29. SEVERABILITY
If any part of this contract is found to be unlawful or invalid, the remainder of the contract will remain in force. The parties agree to meet and confer over substitute language for the invalidated portion.

30. PAST PRACTICES
The City agrees that practices and policies not changed by this agreement will continue during the term of the contract.

5.7.b
Packet Pg. 69
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 45 31. OUTSIDE EMPLOYMENT
Employees shall not engage in outside employment or business activities which involve such hours of work or physical effort that it would or could be reasonably expected to reduce the quality or quantity of such person’s services to the City.

Employees shall not be engaged in any outside employment that involves the performance by them of any work, which will come before them as officers or employees of the City, or under their supervision, for approval or inspection.

Employees shall not accept employment that is in conflict with provisions of Government Code Section 97000 (Conflict of Interest). Before accepting outside employment, an employee must first obtain approval from his/her Department Head.

The employee shall submit a statement to the Department Head naming the prospective employer, his/her address and telephone number, and outlining the proposed duties and the hours of work. Approval may be denied if, in the opinion of the Department Head, such outside employment is incompatible with the proper discharge of the employee’s official duties and/or constitutes a conflict of interest. All such approvals shall be resubmitted prior to January 10 each year to maintain a valid continuous authorization.

Authorization for outside employment is automatically terminated whenever the outside employer and/or nature of outside employment changes from that specified on the request for outside employment approval. When such a change occurs, employees shall apply for a new approval for outside employment as provided herein.

1. With approval of the City Manager and Department Head, employees may be employed or conduct business outside City employment consistent with the limitations above.

2. Employees shall not make decisions nor participate in decisions affecting projects sponsored in whole or in part by people or companies they have contracted or subcontracted with. Employees shall not make decisions or participate in decisions concerning projects sponsored (in whole or in part) by people they have worked for within the past twelve (12) months, are currently working for, or anticipate working for in the future.

32. PATTERSON VOLUNTEER FIREFIGHTERS
Members of the bargaining unit who are also volunteers with the City’s Fire Department may, with approval of their supervisor, respond to two-alarm calls within the City limits. Requests will only be granted when the absence of the employee will not negatively affect the operations of the City. Time spent responding to such emergencies shall be considered time worked if such time is within the employee’s normal work hours.

5.7.b
Packet Pg. 70
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 46 33. TUITION REIMBURSEMENT
The City shall reimburse regular full-time employees expenses incurred for tuition, textbooks, admission fees and other required course materials not to exceed one-thousand dollars ($1,000) per fiscal year provided the following conditions are met:

A. The course selected must be directly related to work the employee performs or fulfilling general education requirements;
B. Prior to enrollment, the course must be approved by the employee’s Department Head and City Manager or his/her designee;
C. The course must be offered at an accredited college or university; D. The employee must receive a passing grade of or equivalent to “C” or better, at the completion of the course;
E. The class and study time shall be outside the employee’s working hours.

Upon completion of a course, the employee shall submit a Tuition Reimbursement form along with paid receipts for tuition, books and materials and proof of passing grade to Human Resources. After verification of satisfactory completion of the course, the City Manager or designee shall forward the approved tuition reimbursement form to the Finance Department for payment.

Tuition reimbursements shall be amortized over three (3) years. If an employee resigns or is terminated within three (3) years of any tuition reimbursement, the employee will be required to pay the City a proportional percentage of the reimbursed amounts.

34. BILINGUAL PAY
The City has previously established a bilingual pay program for employees in clerical classifications in this bargaining unit, or in other classifications as determined by the Department Head and City Manager. Under this program, employees who are fluent in both English and Spanish are eligible for a two percent (2%) base pay increase if the following conditions are met:
1) Employee during the course of his/her normal duties is asked to provide translation services to customers on a regular and consistent basis. 2) Employee has successfully passed the Spanish-English oral and written tests administered by Human Resources.
3) Department Head has determined that there is a need for translation services in his/her department and has authorized the employee to take the SpanishEnglish oral and written test to become eligible for Bilingual Pay.

In keeping with the goals of this program, employees in the field operation classifications in the Public Works Department and Recreation and Community Services Department may be determined to be eligible for bilingual pay.

5.7.b
Packet Pg. 71
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 47 However, no more than eleven (11) employees overall in field operations will be eligible to receive bilingual pay at any given time, and field employees are subject to all other requirements of this program, including testing by Human Resources. Qualified employees will be scheduled with consideration to coverage of Fridays in light of the City’s 9/80 work schedule. The City shall reserve the right to conduct new written and oral tests for employees receiving bilingual pay at least once every three years to determine whether their bilingual skills remain adequate to fulfill the purposes of the program.

35. LONGEVITY PAY
Longevity Pay is compensation in addition to the employee’s regular base pay.

Effective January 1, 2018, the total longevity pay increase any employee can receive during their term of employment is twelve percent (12%) A. Eligibility & Qualifications
1) An employee may be eligible for a two percent (2%) longevity pay increase only if he/she has been with the City ten (10) consecutive years and maintains a satisfactory rating on their annual performance appraisals. 2) An employee may be eligible for a five percent (5%) longevity pay increase only if he/she has been with the City fifteen (15) consecutive years and maintains a satisfactory rating on their annual performance appraisals. 3) After 20 years an employee may be eligible for a five percent (5%) longevity pay increase only if he/she has been with the City twenty (20) consecutive years and maintains a satisfactory rating on their annual performance appraisals.

A longevity pay increase will only be considered during the employee’s annual performance appraisal.

If employee receives an unsatisfactory rating, he/she will not be eligible for longevity pay until a satisfactory rating is attained.

36. TRAINING
At Department Head’s discretion, training will be offered as determined to meet the specific needs of the department.

5.7.b
Packet Pg. 72
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) 48 Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Account Clerk 10 3,133.19 3,289.85 3,454.34 3,627.06 3,808.41 10 1,566.60 1,644.93 1,727.17 1,813.53 1,904.21 Accounting Technician 24 4,409.30 4,629.77 4,861.26 5,104.32 5,359.53 24 2,204.65 2,314.88 2,430.63 2,552.16 2,679.77 Administrative Assistant I 15 3,538.35 3,715.27 3,901.04 4,096.09 4,300.89 15 1,769.18 1,857.64 1,950.52 2,048.04 2,150.45 Administrative Assistant II 21 4,095.07 4,299.83 4,514.82 4,740.56 4,977.59 21 2,047.54 2,149.91 2,257.41 2,370.28 2,488.79 Assistant Planner 29 4,979.16 5,228.12 5,489.52 5,764.00 6,052.20 29 2,489.58 2,614.06 2,744.76 2,882.00 3,026.10 Code Enforcement Officer I 18 3,809.14 3,999.59 4,199.57 4,409.55 4,630.03 18 1,904.57 1,999.80 2,099.79 2,204.78 2,315.01 Code Enforcement Officer II 24 4,409.30 4,629.77 4,861.26 5,104.32 5,359.53 24 2,204.65 2,314.88 2,430.63 2,552.16 2,679.77 Electrical Technician I 18 3,809.14 3,999.59 4,199.57 4,409.55 4,630.03 18 1,904.57 1,999.80 2,099.79 2,204.78 2,315.01 Electrical Technician II 24 4,409.30 4,629.77 4,861.26 5,104.32 5,359.53 24 2,204.65 2,314.88 2,430.63 2,552.16 2,679.77 Electrician Crew Leader 28 4,859.93 5,102.93 5,358.08 5,625.98 5,907.28 28 2,429.97 2,551.46 2,679.04 2,812.99 2,953.64 Environmental Compliance Specialist 23 4,300.18 4,515.19 4,740.95 4,978.00 5,226.90 23 2,150.09 2,257.60 2,370.47 2,489.00 2,613.45 Equipment Mechanic I 18 3,809.14 3,999.59 4,199.57 4,409.55 4,630.03 18 1,904.57 1,999.80 2,099.79 2,204.78 2,315.01 Equipment Mechanic II 24 4,409.30 4,629.77 4,861.26 5,104.32 5,359.53 24 2,204.65 2,314.88 2,430.63 2,552.16 2,679.77 Equipment Mechanic Crew Leader 28 4,859.93 5,102.93 5,358.08 5,625.98 5,907.28 28 2,429.97 2,551.46 2,679.04 2,812.99 2,953.64 Fire Prevention Specialist 32 5,306.52 5,571.85 5,850.44 6,142.96 6,450.11 32 2,653.26 2,785.92 2,925.22 3,071.48 3,225.05 Maintenance Worker I 15 3,538.35 3,715.27 3,901.04 4,096.09 4,300.89 15 1,769.18 1,857.64 1,950.52 2,048.04 2,150.45 Maintenance Worker II 19 3,899.06 4,094.01 4,298.71 4,513.65 4,739.33 19 1,949.53 2,047.01 2,149.36 2,256.82 2,369.67 Maintenance Worker III 23 4,300.18 4,515.19 4,740.95 4,978.00 5,226.90 23 2,150.09 2,257.60 2,370.47 2,489.00 2,613.45 Permit Technician I 13 3,368.61 3,537.04 3,713.89 3,899.59 4,094.57 13 1,684.31 1,768.52 1,856.95 1,949.79 2,047.28 Permit Technician II 19 3,899.06 4,094.01 4,298.71 4,513.65 4,739.33 19 1,949.53 2,047.01 2,149.36 2,256.82 2,369.67 Planning Technician I 13 3,368.61 3,537.04 3,713.89 3,899.59 4,094.57 13 1,684.31 1,768.52 1,856.95 1,949.79 2,047.28 Planning Technician II 19 3,899.06 4,094.01 4,298.71 4,513.65 4,739.33 19 1,949.53 2,047.01 2,149.36 2,256.82 2,369.67 Public Works Inspector I 19 3,899.06 4,094.01 4,298.71 4,513.65 4,739.33 19 1,949.53 2,047.01 2,149.36 2,256.82 2,369.67 Public Works Inspector II 23 4,300.18 4,515.19 4,740.95 4,978.00 5,226.90 23 2,150.09 2,257.60 2,370.47 2,489.00 2,613.45 Public Works Inspector III 27 4,745.76 4,983.05 5,232.20 5,493.81 5,768.50 27 2,372.88 2,491.52 2,616.10 2,746.90 2,884.25 Recreation Coordinator I 13 3,368.61 3,537.04 3,713.89 3,899.59 4,094.57 13 1,684.31 1,768.52 1,856.95 1,949.79 2,047.28 Recreation Coordinator II 17 3,715.17 3,900.93 4,095.98 4,300.77 4,515.81 17 1,857.59 1,950.46 2,047.99 2,150.39 2,257.91 Senior Account Clerk 16 3,627.27 3,808.63 3,999.06 4,199.02 4,408.97 16 1,813.63 1,904.32 1,999.53 2,099.51 2,204.48 Senior Code Enforcement Officer 27.5 4,850.23 5,092.74 5,347.38 5,614.75 5,895.49 27.5 2,425.12 2,546.37 2,673.69 2,807.38 2,947.74 Wastewater Operator I 18 3,809.14 3,999.59 4,199.57 4,409.55 4,630.03 18 1,904.57 1,999.80 2,099.79 2,204.78 2,315.01 Wastewater Operator II 22 4,199.14 4,409.10 4,629.56 4,861.03 5,104.08 22 2,099.57 2,204.55 2,314.78 2,430.52 2,552.04 Wastewater Operator III 26 4,627.54 4,858.92 5,101.87 5,356.96 5,624.81 26 2,313.77 2,429.46 2,550.93 2,678.48 2,812.40 Wastewater Operator in Training 14 3,453.48 3,626.16 3,807.46 3,997.84 4,197.73 14 1,726.74 1,813.08 1,903.73 1,998.92 2,098.86 Water Operator I 17 3,715.17 3,900.93 4,095.98 4,300.77 4,515.81 17 1,857.59 1,950.46 2,047.99 2,150.39 2,257.91 Water Operator II 21 4,095.07 4,299.83 4,514.82 4,740.56 4,977.59 21 2,047.54 2,149.91 2,257.41 2,370.28 2,488.79 Water Operator III 25 4,514.38 4,740.10 4,977.11 5,225.96 5,487.26 25 2,257.19 2,370.05 2,488.55 2,612.98 2,743.63 Water Operator in Training 13 3,368.61 3,537.04 3,713.89 3,899.59 4,094.57 13 1,684.31 1,768.52 1,856.95 1,949.79 2,047.28 Salary
Range #
Monthly Salary Range Salary
Range #
Semi-Monthly Salary Range
American Federation of State, County and Municipal Employees (AFSCME) MOU July 1, 2021 - June 30, 2022
Salary Schedule
Effective January 01, 2022

5.7.b
Packet Pg. 73
Attachment: AFSCME MOU 2021-2022 Final Draft (MOU AFSCME Jul 2021-Jun 2022) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Juliene Flanders, Recreation & Community Services Director MEETING DATE: April 5, 2022
ITEM NO: 5.8
SUBJECT: Approve Street Closure request for the Patterson Apricot Fiesta, Scheduled for June 2 - 5, 2022.

RECOMMENDATION
Motion to Approve Street Closure for the Patterson Apricot Fiesta, Scheduled for June 2 - 5, 2022.

BACKGROUND
The Apricot Fiesta is requesting street closures and for its annual Downtown Event The request for street closures is as follows:

EVENT
South Salado - Center Circle - Hwy 33 6/2/22 7:00 am - 8:30 pm E. Las Palmas - Center Circle - Hwy 33 6/3/22 7:00 am - 8:30 pm All Streets from the Center Circle - Alleyways 6/3 - 6 /5 7:00 am - 8:30 pm All Streets from the Center Circle - El Circulo 6/3 - 6 /5 12:00 pm - 8:30 pm Street affected are:

West Las Palmas Avenue
East Las Palmas Avenue - Between North & South Park
South 3rd Street
North 3rd Street
South Del Puerto
North Del Puerto
North Salado

5.8 Packet Pg. 74

ANALYSIS
This is a City Co-Sponsored Event:

Patterson Apricot Fiesta has complied with submitting the following information:
· Completed Application
· Contact Public Works for all park reservation
Items Pending:
· Event Insurance and Additionally Insured Endorsement
· Work with City to schedule a shakedown meeting in April for all City Departments and Apricot Fiesta Board to meet and review event.

FISCAL IMPACT
City of Patterson is a Co-Sponsor for the Apricot Street Fair event: costs are transferred from Apricot Fiesta Event fund Account - 100-120-6607a

5.8 Packet Pg. 75

5.8.a
Packet Pg. 76
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 77
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 78
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 79
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 80
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 81
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 82
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 83
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 84
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 85
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 86
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 87
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 88
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 89
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 90
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 91
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 92
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 93
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 94
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 95
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 96
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 97
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 98
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 99
Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 100 Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 101 Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 102 Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 103 Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta)

5.8.a
Packet Pg. 104 Attachment: 2022 Apricot Fiesta Application (Street Closure for 2022 Apricot Fiesta) February 15th, 2022
Dear The City of Patterson,
On behalf of the Patterson Apricot Fiesta Board of Directors, we would like to confirm your Corporate Sponsorship for the 2022 Apricot Fiesta scheduled for June 3rd-5 th, 2022.

The Apricot Fiesta takes pride in promoting the City of Patterson and its diverse agricultural community. To maintain our tradition, we are asking for your continual support.

As a corporate sponsor, you will be listed on the Apricot Fiesta Schedule of Events flyers, posters, website, social media, and advertised in the local Patterson Irrigator’s Special Edition Apricot Fiesta Tab. Please visit our website (www.apricotfiesta.com) for examples of the publicity and advertising materials from our 2019 event for your review.

Thank you for helping make the 50th Annual Apricot Fiesta a reality. We look forward to working together and continuing our partnership.

Sincerely,
Gwendolyn Valentine
Patterson Apricot Fiesta, INC.

Executive Secretary
[email protected]
Cell- (209)324-1424
Office-(209)892-3118
P.O. Box 442 • Patterson, California 95363 • (209) 892-3118 Fax (209) 892-3388

5.8.b
Packet Pg. 105 Attachment: 2022 Apricot Fiesta City of Patterson Letter (Street Closure for 2022 Apricot Fiesta) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Ken Irwin, City Manager
MEETING DATE: April 5, 2022
ITEM NO: 5.9
SUBJECT: Approve Resolution No. 2022-16, Opposing the Taxpayer Protection and Government Accountability Act, Initiative 21-0042A1.

RECOMMENDATION
Motion to Approve Resolution No. 2022-16, Opposing the Taxpayer Protection and Government Accountability Act, Initiative 21-0042A1.

BACKGROUND
In 2018, the “Tax Fairness, Transparency and Accountability Act” was being circulated to qualify for the November 2018 ballot. This initiative would have drastically limited local revenue authority.

Through the successful work and advocacy of the League of California Cities and its coalition, the measure’s proponents withdrew the initiative from the ballot in June 2018.

On Jan. 4, 2022, the California Business Roundtable filed the Taxpayer Protection and Government Accountability Act or Initiative 21-0042A1. This measure is far more detrimental to cities than the measure filed in 2018, because it would decimate vital local and state services to the benefit of wealthy corporations.

Cal Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly oppose this initiative.

ANALYSIS
The Taxpayer Protection and Government Accountability Act limits voters’ authority, adopts

5.9 Packet Pg. 106
new and stricter rules for raising taxes and fees, and makes it more difficult to hold violators of state and local laws accountable.

If the Taxpayer Protection and Government Accountability Act is placed on the ballot and passed, it would have drastic consequences to the fiscal health of the City of Patterson and surrounding communities as it will result in:
§ Billions of local government fee and charge revenues placed at heightened legal peril.

Related public service reductions across virtually every aspect of city, county, special district, and school services especially for transportation, and public facility use. § Hundreds of millions of dollars of annual revenues from dozens of tax and bond measures approved by voters between January 1, 2022 and November 9, 2022 subject to additional voter approval if not in compliance with the initiative. § Indeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements. § The delay and deterrence of municipal annexations and associated impacts on housing and commercial development.
§ Service and infrastructure impacts including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.

In addition, Cal Cities provides the following specific impacts to help the public understand the full effects of passing the Taxpayer Protection and Government Accountability Act:
§ Limit voter authority and accountability
· Limits voter input. Prohibits local voters from providing direction on how local tax dollars should be spent by prohibiting local advisory measures. · Invalidates the Upland decision that allows a majority of local voters to pass special taxes. Taxes proposed by the Initiative are subject to the same rules as taxes placed on the ballot by a city council. All measures passed between January 2022 and November 2022 would be invalidated unless reenacted within 12 months.
§ Restrict local fee authority to provide local services · Impacts franchise fees. Sets new standard for fees and charges paid for the use of local and state government property. The standard may significantly restrict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property. Rental and sale of local government property must be “reasonable” which must be proved by “clear and convincing evidence.” · Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.
§ Restrict authority of state and local governments to issue fines and penalties for

5.9 Packet Pg. 107
violations of law
· Requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties. § Restrict local tax authority to provide local services · Requires voter approval to expand existing taxes (e.g., UUT, use tax, TOT) to new territory (e.g., annexation) or expanding the base (e.g., new utility service).
· City charters may not be amended to include a tax or fee. · New taxes can be imposed only for a specific time period. · Taxes adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted.
· All state taxes require majority voter approval.
· Prohibits any surcharge on property tax rate and allocation of property tax to state.
§ Other changes
· No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy

FISCAL IMPACT
There is no fiscal impact fee.

5.9 Packet Pg. 108
{CW108806.1}
RESOLUTION NO. 2022-16

A RESOLUTION OF THE CITY OF PATTERSON CITY COUNCIL

OPPOSING THE TAXPAYER PROTECTION AND GOVERNMENT
ACCOUNTABILITY ACT, INITIATIVE 21-0042A1
WHEREAS, an association representing California’s wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; and WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.

THEREFORE, BE IT RESOLVED that the City of Patterson, opposes Initiative 21-0024A1.

NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE CITY
OF COUNCIL OF THE CITY OF PATTERSON, will join the NO on Initiative 21- 0042A1 coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.

PASSED AND ADOPTED by the City Council of the City of Patterson at a meeting of said City Council held on the 5th day of April 2022, by the following roll call vote:

AYES:

NOES:

5.9.a
Packet Pg. 109 Attachment: Resolution No. 2022-16 Taxpayer Protection and Government Acccountability Act Opposition to Initiative 21-0042A1 (Opposition {CW108806.1}
EXCUSED:

APPROVED:
____________________________________
Dennis McCord
Mayor of the City of Patterson
ATTEST:
____________________________________
Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct, and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 5 th day of April
2022, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.

DATED:

City Clerk of the City of Patterson

5.9.a
Packet Pg. 110 Attachment: Resolution No. 2022-16 Taxpayer Protection and Government Acccountability Act Opposition to Initiative 21-0042A1 (Opposition City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: April 5, 2022
ITEM NO: 5.10
SUBJECT: Approve Resolution 2022- 17 Approving 15-Year License Agreement with Edward and Mildred Maring to Permit Encroachment on City Property for the Construction of Private Improvements within the Public Right-of-Way at 22 N. Del Puerto Avenue (APN#131-009-019)

RECOMMENDATION
Motion to Approve Resolution 2022-17 Approving 15-Year License Agreement with Edward and Mildred Maring to Permit Encroachment on City Property for the Construction of Private Improvements within the Public Right-of-Way at 22 N. Del Puerto Avenue (APN#131-009-019).

BACKGROUND
The property owner(s) at 22 N. Del Puerto Avenue wish to obtain an encroachment permit to construct private improvements within the City right-of-way. The work proposed under the permit will include the following: private improvements consisting of outdoor sitting area, decorative fence, arbor, brick pavers, and grease interceptor.

The property has obtained approval from the City to install a restaurant. The property owner(s) will bear all costs and expenses associated with constructing, reconstructing, and maintaining the improvements described within this agreement and as specified in the approved improvement plans. The property owner(s) further agree that all work upon or in connection with said improvements shall be done at such times and in such manner as is approved by the City and shall be done in accordance with approved plans and specifications and are subject to City permits and conditions pursuant to all applicable laws and/or regulations.

ANALYSIS

5.10 Packet Pg. 111
Attached for review and approval is the License Agreement and application for encroachment for Council’s review and approval. If approved, the agreement would be fully executed by all parties and recorded against the property. The agreement would be in compliance with the project’s Conditional Use Permit #21-01, approved on 2/24/22, and the City’s Municipal Code Section 12.20 “Encroachment Regulations.”
The property owner(s) will be required to provide liability insurance and pay all permit/license fees that are associated with this item.

FISCAL IMPACT
There is no fiscal impact associated with this item. All costs are the property owners’ responsibility.

5.10 Packet Pg. 112
1 1 RESOLUTION NO. 2022-17
2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON 4 APPROVING A 15-YEAR LICENSE AGREEMENT WITH EDWARD AND MILDRED 5 MARING TO PERMIT ENCROACHMENT ON CITY PROPERTY FOR THE 6 CONSTRUCTION OF PRIVATE IMPROVEMENTS WITHING THE PUBLIC RIGHT7 OF-WAY AT 22 N. DEL PUERTO AVENUE (APN# 131-009-019) 8 9 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 10 Patterson as follows:
11 12 WHEREAS the City of Patterson is authorized by Municipal Code Section 12.20 to issue 13 encroachment permits for encroachment in the public right-of-way; and 14 15 WHEREAS the property owners of 22 N. Del Puerto Avenue have applied for a 15-Year 16 Encroachment Permit; and
17 18 WHEREAS, the City of Patterson has made the following findings:
19 20 1. The private improvements constructed in the public right-of-way will be done in 21 accordance with the approved plans unless otherwise approved by the City 22 Engineer and Public Works Director; and
23 2. The property owners shall be responsible and bear all costs necessary to repair or 24 replace any public and/or private improvements constructed in the public right-of25 way; and 26 3. The property owners for any on-going maintenance, repairs, or liability associated 27 with this agreement and/or encroachment permit; and
28 29 WHEREAS approval of an encroachment permits, and license agreement is subject to all 30 conditions set forth by the City and under the project’s Conditional Use Permit #21-01-; and 31 32 WHEREAS all improvements built in connection with this agreement shall be 33 constructed in accordance with City standards and with the benefit of a Construction Inspection 34 Permit to provide for inspection of said construction, issuance of which is hereby conditionally 35 approved, subject to the payment of inspection fees and posting of required surety to the 36 Department of Public Works.
37 38
39 NOW, THEREFORE, IT IS HEREBY RESOLVED THAT:
40 41 1. The City of Patterson City Council finds the Encroachment Permit and License 42 Agreement is in compliance with the city code; and,
43 2. The City of Patterson City Council approves the Encroachment Permit and 44 License Agreement with Edward and Mildred Maring for construction of private 45 and public improvements within the public right-of-way at 22 N. Del Puerto

5.10.a
Packet Pg. 113 Attachment: Resolution No. 2022-17- Approve Encroachment and License Agreement 22 N. Del Puerto Avenue -Marings 4-5-22 (Approve 2 1 Avenue as described in the attached exhibits and its continuing maintenance by 2 the property owner; and,
3 3. The City of Patterson City Council authorizes the City Manager to execute the 4 Encroachment Permit and License Agreement on behalf of the City of Patterson; 5 and,
6 4. The City of Patterson City Council authorizes the City Clerk to file said 7 agreement with the County Recorder.
8 9
10 The foregoing resolution was introduced at a regular meeting of the City Council of the City of Patterson held on the 5
th
11 day of April 2022, by , who moved
12 its adoption, which motion was duly seconded by , and it was upon roll 13 call carried and the resolution adopted by the following roll call vote:
14 15 AYES:
16 NOES:
17 EXCUSED:
18 19
20 APPROVED:
21 22
23 _____________________________________
24 Dennis McCord, Mayor of the City of Patterson
25 ATTEST:
26 27
28 __________________________________________
29 Aracely Alegre, City Clerk of the City of Patterson
30 31

5.10.a
Packet Pg. 114 Attachment: Resolution No. 2022-17- Approve Encroachment and License Agreement 22 N. Del Puerto Avenue -Marings 4-5-22 (Approve 3 1 I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by 2 the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 5 th
3 day of April 2022 and I further certify
4 that said resolution is in full force and effect and has never been rescinded or modified. 5 6 DATED:
7 8 ___________________________________
9 City Clerk of the City of Patterson
10 5.10.a
Packet Pg. 115 Attachment: Resolution No. 2022-17- Approve Encroachment and License Agreement 22 N. Del Puerto Avenue -Marings 4-5-22 (Approve Recorded at the request of:

City of Patterson
After recording, retum to:

City of Patterson
Attention: Cilv Clerk
Post Office Box 667
Patterson, CA 95363
)
)
)
)
)
)
)
)
(Space above this line for recorder's use)
License Agreement to Permit Encroachment on City Property 22 N. Del Puerto Avenue, Patterson, CA 95363 (APN# 131-009-0f9) B. Adjacent to the property line of said real property, there exists a right-of-way orvned by Licensor.

C. Licensee desires to construct certain private improvements which will encroach upon and be located in the above-referenced right-of-way owned by Licensor.

D. Licensor is agreeable to permitting said encroachment upon the terms and conditions expressed herein and as approved by the City's Conditional Use Permit #21-01 (Approved Date:2124122\.

In consideration ofthe foregoing, and subject to the terms and conditions set forth herein below, the parties agree as follows:

Page I ofll
Encroachment License Agreement Re: 22 N. Del Puerto Avenue, Patterson, CA 95363 Edward & Mildred Maring
This fifteen (15) year License Agreement and Declaration of Restrictive Covenants ("Agreement") is entered into in March _2022 through March_,2037 between the City of Pattenon, a municipal corporation, ("Licensor"); and Edward & Mildred Maring ("Licensee").

This Agreement shall be in place for until ended by either party and is subject to renewal as needed at the discretion of the City. This Agreement is made with reference to the following facts:

RXCITALS
A. Edward & Mildred Maring are the owner of real property at 22 N. Del Puerto Avenue, Patterson, CA commonly known as APN#:13l-009-019 and further described in Exhibit "A".

AGREEMENT

5.10.b
Packet Pg. 116 Attachment: Signed Agreement - 22 N. Del Puerto Avenue Marings Encroachment License Agreement 4-5-22 FINAL Updated (Approve a) The improvements permitted to be constnrcted. maintained, and installed by this Agreement are described as follows: pzDlrrc improvements consisting of outdoor sitting areg decorartve fence, arbor, brick pavers, and grease interceptoh b) The public right-of-way and/or property which will be bwdened by said irnprovements is described as follows: N. Del Puerto Avenue Alleln+ays (between N. Del Puerto Avenae and N. 3d Steet)-

2. License Fee. ln consideration for the license herein granted, Licensee agrees to pay Licensor the City of Patterson applicable encroachment permil fee, payable upon execution ofthis Agreement, and to pay all costs and fees, including stafftime and/or City Attomey fees, if any, incurred by the Licensor for the negotiation and preparation ofthis Agreement.

Licensor may require a monetary deposit to be made by Licensee upon application for this License, in an amount set by City Council resolution, and against which deposit City's administrative processing costs and fees shall be charged.

3. Construction and Maintenance Erpenses. Licensee shall bear the cost and expense of constructing, reconstmcting, and maintaining the improvements described within this agreement or in the approved improvement plans. Licensee firrther agrees that all work upon or in connection with said improvements shall be done at such times and in such manner as is approved by Licensor and shall be done in accordance with plans and specifications approved by Licensor and subject to all permits required by Licensor pursuant to state or local law or regulation.
a) Licensee shall not modifu or in any fashion change the improvements, once constructed, without the written permission of Licensor.
b) Licensee agrees to construct said improvements in a workmanlike fashion and to at all times maintain said improvements and the portions of Licensor's right of way on which the improvements are constructed in a good and sound condition and in a condition that remains aesthetically and visually pleasing and acceptable to the Licensor. IfLicensee fails to maintain said improvements in good and sound condition, in the sole determination oflicensor, Licensee hereby grants to Licensor the right to either remove said improvements or to maintain them, at Licensor's option. If Licensor is required to remove and./or maintain said improvements, Licensee agrees to reimburse Licensor for the cost thereof and for any costs necessary to retum said right ofway of Licensor to the condition existing before the execution of this Agreement within 30 days after the mailing to Licensee ofan invoice for said costs by Licensor. Ifsuch invoice is not so Page2ofll
Encroachment License Agreement Re: 22 N. Del Puerto Avenue, Patterson, CA 95363 Edward & Mildred Maring
I . Grant. Licensor hereby grans to Licensee, subject to the terrns and conditions contained herein, the right to construct, maintain and install the following described improvements on the following described public right-of-way owned by Licensor, a1l as shown on Exhibit "B" attached hereto and/or on file with the City of Patterson, Department of Public Works.

5.10.b
Packet Pg. 117 Attachment: Signed Agreement - 22 N. Del Puerto Avenue Marings Encroachment License Agreement 4-5-22 FINAL Updated (Approve paid, the remaining balance shall accrue interest at the mte of l0% per year until paid.

Furthermore, if said invoice is not so paid, Licensee agrees to permit Licensor to impose a lien upon the real Eoperty described in Exhibit "A" without notice to Licensee. c) The original term of this agreement is for 15 yean. At the conclusion of the 15 years, if the agreement is still satisfactory to both parties, an additional 15 year term may be considered.

4. Removal of Improvements. Licensee expressly acknowledges that the improvements covered by this agreement are being allowed to be constructed in a public righrofivay and that, from time to time, said right-of-way will require improvement, relocation, destruction and./or removal. In the event of said events occurring, Licensee expressly consents to the Licensor removing and./or replacing said improvements, at the unfettered and complete discretion of Licensor, and Licensee further agrees to affect the removal and replacements at its Removal of lmprovements. Licensee expressly acknowledges that the improvements covered by this agreement are being allowed to be constructed in a public right-of-way and that, from time to time, said right-of-way will require improvement, relocation, destruction and/or removal. ln the event ofsaid events occurring, Licensee expressly consents to the Licensor removing and/or replacing said improvements, at the unfettered and complete discretion oflicensor, and Licensee further agrees to affect the removal and replacements at its cost lvithin sixty (60) days ofreceipt of written notice to do so from Licensor. In the event that Licensee declines to effect said removal and/or replacement, Licensee grants to Licensor the right to remove and/or replace said improvements and the cost thereofshall be paid in accordance with the above paragraph.
a) Licensee hereby waives anylor all claims against Licensor for any and all damage or injury done to the real property described in Exhibit "B" and/or the structures and/or any personal property located thereon caused as a result ofthe removal and/or replacemenl described in the immediately preceding paragraph and Licensee indemnifies and holds Licensor harmless for any and all such damages or injuries, irrespective of the passive or active negligence of Licensor.
b) Upon removal of said improvements and any repair or restoration of Licensor's property required by this Agreement and./or payment ofcosts ofsaid repair. restoration and/or removal, all as provided for under this Agreement, and to the satisfaction of Licensor, Licensor shall provide Licensee with a recordable Certificate ofRelease and Satisfaction of Covenants demonstrating satisfaction of the restrictive covenants set forth in this Agreement.

5. lndemnification and Hold Harmless.

Page3ofll
Encroachment License Agreement Re: 22 N. Del Puerto Avenue. Patterson, CA 95363 Edwerd & Mildred Mering

5.10.b
Packet Pg. 118 Attachment: Signed Agreement - 22 N. Del Puerto Avenue Marings Encroachment License Agreement 4-5-22 FINAL Updated (Approve a) Licensee shall assume all risks of damage to the improvements and any appurtenances thereto and to any other property oflicensee or any property under the control of Licensee while upon or near Licensor's right-of-way described at paragraph 1(b). b) Licensee further agrees to indemniry and hold harmless Licensor, its officers, employees, agents, successors, and assigns, from any and all claims, liabilities, damages, failure to comply with any crrrent or prospective laws, attorney's fees, loss or damage to property whether owned by Licensor, Licensee and/or third parties to this Agreement, and./or injury to or death ofany person arising out of the consfirction, maintenance, removal, replacement, rehabilitation, repair, or the location of the improvements or out of Licensee's activities on Licensot's right- of-way described hereinabove.

6. Insurance. Licensee, at its sole cost, shall maintain general liability and property damage insurance in the amount of $2 million combined single limit for bodily injury and property damage, or such other amount as is determined sufflcient by the City, with insurers which are acceptable to Licensor, insuring against all liability of Licensee and its authorized representatives arising out ofand in connection with Licensee's use or occupancy of Licensor's property pursuant to this Agreement.

Al1 general liability insurance and property damage insurance shall insure performance by Licensee ofthe indemnity provisions of this Agreement. Licensor shall be named as an Additional lnsured, and the policy shall contain cross-liability and primary insurance endorsements. Each policy, or a certificate ofthe policy, shall be deposited with Licensor at the commencement of the term of this Agreement, and on renewal of the policy not less than twenty (20) days before expiration ofthe term ofthe policy. Licensee shall provide evidence ofsaid insurance, the certificate and endorsements in the forms attached hereto as Exhibit I'C". Licensee shall make arrangements with the insurers that the insurers shall provide Licensor with notice ofcancellation or termination ofthe insurance at least thirty (30) days in advance ofcancellation or termination. Licensee shall continuously maintain the insurance required by this Agreement until Licensor issues its Certificate ofRelease and Satisfaction of Covenants punuant to Paragraph 4 hereof.
7- Term. This agreement and the rights granted hereunder may be terminated by Licensor upon giving written notice to Licensee at least ninety (90) days prior to the termination. a) Should Licensee, its successon and assigns, at any time abandon the use of the property described in Exhibit "8" or any part thereot or fail at any time to use the same for the purpose for which development ofsaid property was approved for a continuous period of ninety (90) days, the rights and obligations hereby created shall cease to the extent of the use so abandoned and/or discontinued, and Licensor shall have the right to declare this Agreement terminated to the extent of the use so abandoned or discontinued.

Page4ofll
Encroachment License Agreement Re: 22 N. Del Puerto Avenue, Patterson, CA 95363 Edwerd & Mildred Maring

5.10.b
Packet Pg. 119 Attachment: Signed Agreement - 22 N. Del Puerto Avenue Marings Encroachment License Agreement 4-5-22 FINAL Updated (Approve b) Upon termination ofthe rights and privileges hereby granted, Licensee, at its own cost and expense, agrees to remove said improvements for which this license is granted and to retum the right-of-way to the condition it was in prior to the execution of this License.

Should Licensee in such event fail, neglect, or refuse to remove said improvement or retum the right-of-way to such condition, such removal and restoration may be performed by Licensor at the expense oflicensee, which expense, including any attorneyrs fees, Licensee agrees to pay upon demand and, ifnot so paid, said expenses shall be paid in accordance with paragraph 3(b), above.

8. Notices. Any and all notices and demands required or permitted to be given hereunder, shall be in writing and shall be served either personally or by cenified mail, retum receipt requested, m the following addresses:

TO:

City ofPatterson
Post Office Box 667
Patterson, CA 95363
Attention: Director of Public Works
AND
TO:

Edward & Mildred Maring
22 N. Del Pueno Avenue
Patterson, CA 95363

9. \Yaiver. The waiver by Licensor of any breach or any terrL covenant, or condition herein shall nor be deemed to be a waiver ofsuch term. covenant, condition or any subsequent breach of the same, or any other term, covenant or condition herein contained.

10. Authority of Parties. Each individual executing this agreement in behalfofa corporation or other private entity shall represent and warrant and that he/she is duly authorized to execute this agreement on behalfofthe corporation and/or entity. in accordance with the duly adopted resolution ofthe Board of Directors ofsuch corporation, and.ror entity, a copy of said resolution shall be ptovided to Licensor, along with the executed original ofthis agreement.

I l Attorney's Fees. ln the event that either party is required to bring an action to enforce or interpret terms and conditions of this agreement, the prevailing party shall be entitled to payment of its attorney's fees, as well as expert wimess fees.

IN WITNESS WHEREOF, the undersigned have executed this agreement as of the day and year first written above.

Page5ofll
Encroechment License Agreement Re: 22 N. Del Puerto Avenue, Patterson, CA 95363 Edwerd & Mildred Maring

12. Assigns and Successors. This agreement shall inure to the benefit and be binding upon each party's assigas and successors, and it is the intent ofthe parties that this license and its terms and conditions shall run with the land and be binding upon all successors in interest to the real property described in f,xhibit rA" attach€d hereto.

5.10.b
Packet Pg. 120 Attachment: Signed Agreement - 22 N. Del Puerto Avenue Marings Encroachment License Agreement 4-5-22 FINAL Updated (Approve [NOTARIZ,ED SIGNATT,]RES BELOW]

CITY OF PATTERSON
Mike Willett. Director of Public Works Date

PROPERTY OWNER(S)
g /2,.7 /+o z,-
Edward Maring, Property Owner ;&7
3-ZZ-Lp2-zMaring, Property Date
Page6ofll
Encroachment License Agreement Re: 22 N. Del Puerto Avenue, Patterson, CA 95363 Edwerd & Mildred Maring

5.10.b
Packet Pg. 121 Attachment: Signed Agreement - 22 N. Del Puerto Avenue Marings Encroachment License Agreement 4-5-22 FINAL Updated (Approve

NOTARY ACKNOWLEDGMENT
A notary public or other offcer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of Califomia
County of t>\o..,i",\c...,,s
on Mc,..L r: . 2o2Z before me, ..\
€A.,^.\ \\o..-"^ , who proved to me on the basis of 'd
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within inskument and aclcrowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hisher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
)
)
)
WITNESS my hand and offrcial seal. ,TAYRI JACOEO 2I'RITA Notary Public - C.lltornl.

Stnnirlaur County
Commlrrion , 22E0697
l,{y Comm. trpirer l/!nr 12, 2013
I
//,,r lrt zD=4 ;k^ -- 7 ISeal]
Page7of11
Encroachment License Agreement Re: 22 N. Del Puerto Avenue, Patterson, CA 95363 Edward & Mildred Maring
personally appeared
I certi$ under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.
@

5.10.b
Packet Pg. 122 Attachment: Signed Agreement - 22 N. Del Puerto Avenue Marings Encroachment License Agreement 4-5-22 FINAL Updated (Approve

NOTARY ACKNOWLEDGMENT
State of California
County off\3r315i\sg5

20.24 before me, Z
)
)
)
(s
appearcd Hr\\,.\ \\*t,.*^ , who proved to me on the basis of satisfactory 6 evidence to be the person(s) whose name(s) iVare subscribed to the withh instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their siqnatue(s) on the instument the person(s), or the entity upon behalfofwhich the person(s) acted, executed the instrument.

I certifu under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is true and correct.

On x
WITNESS my hand and official seal
-A., b-/, Z-A
x't^{pd"

AAYRA JACOBO ZURITA
Not.ry Publia - C.llfornl.

St.ni!liur County
CommtJelon , 2210697
l*y Comm- Expirer M.r 12, 2023
c
ISeal]
Page8ofll
Encroachment License Agreement Re: 22 N. Del Puerto Avenue, Patterson, CA 95363 Edward & Mildred Maring
A notary public or other officer completing this certificate verifies only the identity of the indivldual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
@

5.10.b
Packet Pg. 123 Attachment: Signed Agreement - 22 N. Del Puerto Avenue Marings Encroachment License Agreement 4-5-22 FINAL Updated (Approve EXHIBIT "A"

LEGAL DESCRIPTION OF PROPERTY
LOTS 9 AND IO IN BLOCK 46, AS SHOWN ON THAT CERTAIN MAP ENTITILED, "MAP SHOWING RESUBDIVISION OF BLOCKS 44, 45, 46,50, 5 I AND 52 OF THE TOWN OF PATTERSON" ACCORDING TO THE OFFICIAL MAP THEREOF, FILED IN THE OFFICE OF TH RECORDER OF STANISLAUS COU{TY, CALIFORNIA. ON FEBRUARY I4, I9IO IN VOLUME 4 OF MAPS, AT PAGE 47.

APN: 131-009-019
lHs rxP rd ass69crrr
Pt,FEEIi OIY
Coprt{lll)i srfuorn,
dra
too' s PRR
sEcoro
(08/
sTe€fr
& oo. BLOO( 47
x
&
I
d
2 't ra n1
ao' N@TH
f,r
SIREET -_l
Back To
Book
lndex @" r:r-O9
o
PoRno{ sEcno\r 30 T5S R8E MOB.8M
rdt G PATTEFSo{! - SLOCT(S 3t,45 E 47
oo5 oor l3r-O9
\,
T-l tl
Page l0 of 1 I
Encroachment License Agreement Re: 22 N. Del Puerto Avenue, Patterson, CA 95363 Edward & Mildred Maring

5.10.b
Packet Pg. 124 Attachment: Signed Agreement - 22 N. Del Puerto Avenue Marings Encroachment License Agreement 4-5-22 FINAL Updated (Approve EXHIBIT "8"

DRAWING SHOWING ENCROACHMENT
WITH RESPECT TO PUBLIC RIGHT.OF.WAY
I
I{
a
--^.\-;i\\
l\

OLD WATEI
ofFlcE
qPr
Page ll ofll
Encroachment License Agreement Re: 22 N. Del Puerto Avenue, Patterson, CA 95363 Edward & Mildred Maring
Datet 312l22
a A5
I

5.10.b
Packet Pg. 125 Attachment: Signed Agreement - 22 N. Del Puerto Avenue Marings Encroachment License Agreement 4-5- EXHIBIT *C"

CERTIFICATE OF INSURANCE & ENDORSEMENTNAMING THE CITY OF PAT"TERSON AS ADDITIONALLY INST'RED

Page 12 ends

Encroechment License AgreementRez 22 N. Del Puerto Avenue, Patterson. CA 95363 Edward & Mildred Maring
D^te2 312122

5.10.b
Packet Pg. 126 Attachment: Signed Agreement - 22 N. Del Puerto Avenue Marings Encroachment License Agreement 4-5-22 FINAL Updated (Approve

ENCROACHMENT PERMIT APPLICATION (ATTACHED)

Page 13 ends

Encroachment License Agreement Re: 22 N. Del Puerto Avenue, Patterson. CA 95363 Edward & Mildred Maring
Datel3/2/22

5.10.b
Packet Pg. 127 Attachment: Signed Agreement - 22 N. Del Puerto Avenue Marings Encroachment License Agreement 4-5-22 FINAL Updated (Approve City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Nubia Goldstein, City Attorney
MEETING DATE: April 5, 2022
ITEM NO: 5.11
SUBJECT: Approve Second Reading and Adoption of Ordinance No. 860, reading by title only, waiving further reading, An Ordinance of the City Council of the City of Patterson Adopting Boundaries of City Council Districts.

RECOMMENDATION
Motion to Approve Second Reading and Adoption of Ordinance No. 860, reading by title only, waiving further reading, An Ordinance of the City Council of the City of Patterson Adopting Boundaries of City Council Districts.

BACKGROUND
On May 3, 2016, the Patterson City Council adopted Ordinance No. 795, which established a bydistrict election process in four (4) City Council districts, with the Mayor elected at large. The City of Patterson (the “City”) is required under Elections Code section 21601, subdivision (a), to complete a redistricting process to reapportion its population between the four (4) City Council districts following each federal decennial census.

Each City Council district must comply with the Fair Maps Act (“Act”). Under the Act, the City Council must draw and adopt City Council district boundaries so that each City Council district shall be substantially equal in population as required by the United States Constitution. City Council districts must be drawn using the following criteria in the listed order of priority:
1) Geographically contiguous (each City Council district should share a common border with the next City Council district).
2) Minimize divisions of neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together).

5.11 Packet Pg. 128
3) Easily identifiable boundaries.
4) Compact (do not bypass one group of people to get to a more distant group of people).

City Council districts must comply with the United States Constitution, California Constitution, and the federal Voting Rights Act. Further, City Council districts cannot favor or discriminate against a political party.

Once the prioritized criteria are met, other traditional districting principles can be considered, such as:
· Respect voters’ choices/continuity in office;
· Use current City Council districts as a basis; and
· Future population growth.

Timeline
The redistricting deadline is April 17, 2022. During the redistricting process, the City Council must hold at least four (4) public hearings. At least:
· One (1) public hearing must be before publication of the draft maps; · Two (2) public hearings after publication of the draft maps; and · One (1) public hearing must be held on a Saturday or Sunday or after 6:00 p.m. on a weekday.

ANALYSIS
The City Council conducted four (4) public hearings to receive public input regarding City Council district boundaries on: November 8, 2021; December 6, 2021; February 1, 2022; and March 22, 2022.

The City’s redistricting consultant, National Demographics Corporation (“NDC”), has prepared draft maps, which are posted on the City’s website dedicated to the redistricting process at:
<https://redistrictpatterson.org> and available at City Hall. Proposed maps from the public have also been posted to the website. These draft maps, and possible new or revised maps, will be considered by the City Council at this public hearing.

At this public hearing, the City Council will finalize the redistricting process and adopt a final map of City Council district boundaries. At the March 22, 2022 public hearing, the City Council voted 5-0 to adopt NDC’s Plan 102 as the final map of City Council district boundaries and introduced an ordinance to incorporate by reference the City Council’s chosen final map (the “Ordinance”). If the City Council chooses to move forward with Plan 102 as the final map of

5.11 Packet Pg. 129
City Council district boundaries, the adoption of the Ordinance will finalize City Council’s selection. Plan 102 will constitute City Council district boundaries for use at the City’s November 2022 election and subsequent elections until further re-alignment occurs pursuant to State law and the Patterson Municipal Code. If the City Council chooses a different draft map as City Council district boundaries or modifies the draft maps, the City Council must conduct an additional public hearing. The deadline to adopt City Council district boundaries is April 17, 2022.

FISCAL IMPACT
Funds for the redistricting process have been approved.

ENVIRONMENTAL REVIEW
A public hearing on the redistricting and the Ordinance does not constitute a “project” under the California Environmental Quality Act. (Pub. Resources Code, § 21065.)

ATTACHMENTS
Ordinance No. 860
NDC’s Plan 102

5.11 Packet Pg. 130
{CW112345.2}
ORDINANCE NO. 860

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PATTERSON,

ADOPTING BOUNDARIES OF CITY COUNCIL DISTRICTS
WHEREAS, on May 3, 2016, the City Council of the City of Patterson (the “City”) adopted Ordinance No. 795 to establish that the election of City Councilmembers shall be bydistrict with the Mayor being voted at large; and WHEREAS, the FAIR MAPS Act (Elec. Code, § 21600 et seq.) (the “Act”) and Patterson Municipal Code section 2.10.020, subdivision (c), requires the City to readjust City Council district boundaries following each federal decennial census so that the City Council districts are substantially equal in population; and
WHEREAS, the Act requires the City to readjust the City Council district boundaries based on following factors: (1) geographic contiguous; (2) minimize divisions of neighborhoods and “communities of interest;” (3) easily identifiable boundaries; and (4) compact; and WHEREAS, the City has retained an experienced demographer consulting firm, National Demographics Corporation, to advise it on the process of readjusting City Council district boundaries; and
WHEREAS, as required by the Act, the City conducted four (4) public hearings to receive public input on potential City Council district boundaries on: November 8, 2021, December 6, 2021, February 1, 2022, and March 22, 2022; and
WHEREAS, throughout the process, the City engaged in public outreach and engagement as required by Act; and
WHEREAS, the City has maintained a detailed redistricting website as required by the Act, https://redistrictpatterson.org/; and
WHEREAS, the City has provided notices and live translation services upon request, as required by the Act; and
WHEREAS, the City made available to the public tools to permit the public to submit draft maps and testimony in writing or electronically, if desired; and WHEREAS, the City Council believes that the City Council district boundaries contained in the map attached to this Ordinance as “Exhibit A” are in the best interest of the City and compliant with all applicable provisions of State law.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PATTERSON DOES ORDAIN AS FOLLOWS:

Section 1. Adoption of Final Maps. The map attached hereto as Exhibit A, and incorporated herein, is hereby adopted and shall constitute the City Council district boundaries of the City for use at the City’s November 2022 election and subsequent elections until further re-alignment pursuant to State law and Patterson Municipal Code section 2.10.020, subdivision (c).

Section 2. Severability. If any section, subdivision, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent

5.11.a
Packet Pg. 131 Attachment: Ordinance No. 860 Adopting Final Redistricting Map (Second Reading and Adoption 4-5-22) (Ordinance No. 860 Adopting Final {CW112345.2}
jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. The City Council declares that it would have adopted this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

Section 3. Publication and Effective Date. This Ordinance shall be published by one insertion in The Patterson Irrigator, a newspaper of general circulation, printed and published in the City of Patterson, within fifteen (15) days after its final passage and shall take effect, and be in force, thirty (30) days after its final passage.

Section 4. City Clerk Authorization. The City Clerk, or his or designee, shall take all actions necessary to notify the Stanislaus County Registrar's Office of the City Council's determination forthwith and provide whatever assistance may be required by the Registrar's Office to implement the new lines.

Section 5. Technical Changes to City Council Districts. To implement this Ordinance, the City Clerk is authorized to make non-substantive technical adjustments to the district boundaries not affecting the population of any district, the eligibility of candidates, or the residence of elected officials within any district. The City Clerk shall advise the City Council of any such technical adjustments.

Introduced at a special meeting of the City Council of the City of Patterson, held on the 22nd day of March, 2022, and given its first reading and introduction at said meeting. Said Ordinance was given a second reading and adopted at a regular meeting of the City Council held on the 5 th day of
April, 2022, and after such reading, _______________, who moved its adoption, seconded by ______________, and said ordinance was thereupon adopted by the following roll call vote:

AYES:

NOES:

EXCUSED:

ATTEST: APPROVED:
________________________________________ ____________________________________ Aracely Alegre Dennis McCord
City Clerk Mayor of the City of Patterson

5.11.a
Packet Pg. 132 Attachment: Ordinance No. 860 Adopting Final Redistricting Map (Second Reading and Adoption 4-5-22) (Ordinance No. 860 Adopting Final B
C
D
A
5 Olive Ave
Eucalyptus Ave
Keystone Pacific Pky
N 1st St
Park Center Dr
S 1st St
Sperry Ave
Hwy 3
Arambel Dr
Sycamore Ave
Annamarie Ave
Shearwater Dr Calvinson Pky
Peregrine Dr
N
Hartley
St Noble Park Cir Hol y
Hock Cir
Portrait Ln Baldwin Rd
Marisa Dr
Blue Heron Dr
Amberina Ct
Walker Ranch
Pky
Oasis Ln
Phlox Dr Orange Ave
Barros St
Poppy Ave
Sears Dr
Chesterfield Dr
Cliff Swallow Dr Ward Ave Garden Patch Way
Locust Ave
A
merican Eagle Ave Pipit Dr
Walnut Ave
Del Puerto Canyon Rd
Henley Pky
Wood Creek Dr Gannet Ln
Sum
mer Phlox Ln N
2nd
St Moray Way
Hillstock Ct
Bartch Ave
N El Cir Ave Walnut C M St
t Tyler St Roadrun
er Dr Red Robin Dr Tar al nd Ln Kestrel Dr Tulip Ln Azalea Dr Kern Creek Ln Bear Hollow Dr
Wolfpack Ct Plz S 2nd St Mesquite Dr
Raines Rd
Zacharias Rd
Rogers Rd
N 4th St N 6th St N 5th St K St
Rogers Ct Hackney St Thrush
Dr
Lilac Ave
N 7th St L St
Cougar Creek Dr Mcmurphy Ct Toyon Ln Angus St
Brahma St Bel al Flora Ln Eureka St S 3rd St C St
Weber Ave
Spooner Ct
E St
S 6th St
Ittureria Dr S 4th St S 5th St D St
N 3rd St I St
Unidad Ct
City of Patterson
2021/22 Redistricting
National Demographics Corporation, January 24, 2022
NDC Plan 102
©2021 CALIPER

5.11.b
Packet Pg. 133 Attachment: NDC-Plan-102-Map (Ordinance No. 860 Adopting Final Redistricting Map) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Dennis McCord, Mayor
MEETING DATE: April 5, 2022
ITEM NO: 6.1
SUBJECT: Proclamation - Golden Valley Health Centers Celebrating 50 Years - Mayor McCord

RECOMMENDATION
This item is informational. No action needed.

6.1 Packet Pg. 134
Golden Valley Health Centers
Celebrating 50 Years

PROCLAMATION
WHEREAS: It has been said that one’s health is one’s greatest possession. Golden Valley Health Centers has built their business, spanning half a century around this very belief; and WHEREAS: The ideology that everyone should have access to health care has been central to Golden Valley’s work over the past five decades and remains their guiding principle today; and WHEREAS: In 1962 when President John F. Kennedy signed the Migrant Health Act, federal funds were authorized to open community migrant health centers that would provide care for this critical farmworker population. It was later mandated that these centers make their services accessible to all who need them.

Golden Valley Health Centers has always made that their priority, and never denied services to a patient in need; and
WHEREAS: In 1972, Golden Valley Health Centers began as a small Migrant Health Services program affiliated with Merced General Hospital. Since then, Golden Valley Health Centers has expanded greatly to meet community needs across Merced, Stanislaus and San Joaquin counties, now serving roughly 175,000 patients each year through 45 clinical locations in the region; and WHEREAS: Golden Valley Health Centers’ (GVHC) focus has not wavered since 1972. Maintaining its mission and strong desire to increase access to healthcare in the lives of migrant workers, who toil to sustain our largely agricultural economy; and
WHEREAS: Golden Valley Health Centers is a locally owned and operated non-profit organization that serves as a critical economic engine, helping to power the local economy by generating millions of dollars in combined efforts in some of the region’s most impacted deprived communities; and WHEREAS: Golden Valley Health Centers is a fully accredited FQHC (Federally Qualified Health Center) offering quality medical, dental, behavioral health, vision, and other specialties at our health centers. With services that include urgent care and school-based health centers throughout the Central Valley; and WHEREAS: Golden Valley Health Centers continues to prove an effective means of overcoming barriers to health care access, including geography, language, income, and insurance status, and in doing so, improves health care outcomes and reduces health care system costs.

NOW, THEREFORE, BE IT RESOLVED that I, Dennis McCord as Mayor of the City of Patterson, do hereby officially congratulate Golden Valley Health Centers for always putting the needs of the community first. I encourage all citizens of Patterson to visit Golden Valley Health Centers where every patient’s “Health is their Priority.”
IN WITNESS, HEREOF, I have hereunto set my hand and caused the official seal of the City of Patterson to be affixed this 5th day of April 2022. ___________________________
Dennis McCord
Mayor

6.1.a
Packet Pg. 135 Attachment: Proclamation - Golden Valley Health Centers 50 Years (Golden Valley Health Centers Celebrating 50 Years) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Dennis McCord, Mayor
MEETING DATE: April 5, 2022
ITEM NO: 6.2
SUBJECT: Love Patterson Day - Mayor McCord

RECOMMENDATION
This item is informational. No action needed.

6.2 Packet Pg. 136
Proclamation
A Proclamation of the City Council
of the City of Patterson Declaring the Last Saturday in April as “Love Patterson” Day
WHEREAS, the City of Patterson Proudly promotes a healthy, safe and vibrant community and is dedicated to delivering excellent services and engaging meaningful public participation; and
WHEREAS, the vision, mission and values of Love Stanislaus County (DBA Love Patterson) align with the vision, mission and values of the City of Patterson; and WHEREAS, the month of April is recognized in the United States as Volunteer Appreciation Month; and
WHEREAS, government alone cannot meet all of our city’s needs, so we partner with businesses, faith-based organizations, non-profit organizations, foundations and individuals who serve in our community to make a difference; and
WHEREAS, at community-wide volunteer days, people engage in a variety of projects, including appreciating public servants, visiting convalescent homes, donating blood, building houses with Habitat for Humanity, and working in city parks and schools, among other opportunities; and
WHEREAS, the City of Patterson is committed to encouraging volunteerism among its employees, citizens, partners, businesses and organizations; and WHEREAS, by volunteering and recognizing those who serve, we promote partnership, understanding and collaborative problem-solving in our community.

NOW, THEREFORE BE IT RESOLVED that I, Dennis McCord, by virtue of authority vested in me as Mayor of the City of Patterson, do hereby officially proclaim the last Saturday in April each year as “Love Patterson” Day in the City of Patterson. We the City Council of the City of Patterson do hereby strongly encourage every citizen to volunteer on this day renewing our pride in our city and transforming our community.

IN WITNESS, HEREOF, I have hereunto set my hand and caused the official seal of the City of Patterson to be affixed this 5th day of April 2022.

__________________________
Dennis McCord
Mayor

6.2.a
Packet Pg. 137 Attachment: Love Patterson - Proclamation - April 2022 (Love Patterson) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Fernando Ulloa, City Engineer
MEETING DATE: April 5, 2022
ITEM NO: 7.1
SUBJECT: Approve the Citywide Active Transportation Master Plan and authorize City Staff to implement the Master Plan.

RECOMMENDATION
Approve the Citywide Active Transportation Master Plan and authorize City Staff to implement the Master Plan.

BACKGROUND
Connectivity of bicycle and pedestrian facilities has been a significant challenge for the City of Patterson. The City has taken several steps to address deficiencies within non-motorized networks, but efforts have typically been segmented and solutions have been location-based without significant consideration of the network as a whole. The City was awarded funding through Caltrans’s Active Transportation Plan (ATP) Cycle 4 grant program to design a Citywide Active Transportation Master Plan. The purpose of this project was to identify pedestrian and bicycle infrastructure deficiencies throughout the City.

ANALYSIS
The Active Transportation Plan project was awarded to TJKM Transportation Consultants, and city staff coordinated it's efforts to combine with TJKM to ensure a successful outcome. These efforts included soliciting and encouraging participation from members of the public and key stakeholders. Participation from the public was vital to help understand the needs and to address the concerns of the community. A Citizen Advisory Committee was created with meetings scheduled throughout the project to discuss findings and recommendations. Project information was posted on the City’s website, on social media and a project specific website was created.

City staff and TJKM hosted two Community Workshops on May 26, 2021, and September 8,

7.1 Packet Pg. 138
2021 via Zoom. Project notices and Zoom Community Workshop information was posted on the City website and information was sent with the City’s monthly utility bills. A public review period was posted on the City’s website and advertised in the Patterson Irrigator from December 2021 - January 14, 2022, as a final attempt to encourage comments from the public and stakeholders on the master plan document. No additional public comments were received during that time.

The ATP Master Plan has identified projects that will connect existing sections of the city’s bike trail network, increase connectivity to schools and other community destination, increase pedestrian and bicycle safety, improve air quality, and promote quality of life in Patterson.

The Active Transportation Master Plan was presented to the Planning Commission during the public hearing dated February 24, 2022 and was recommended for approval of City Council.

Staff recommends adopting the ATP Master Plan for the City of Patterson.

FISCAL IMPACT
There is no fiscal impact with this item

7.1 Packet Pg. 139
City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Joel Andrews, City Planner
MEETING DATE: April 5, 2022
ITEM NO: 7.2
SUBJECT: Approve Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC.

RECOMMENDATION
Motion to Approve Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC.

BACKGROUND
Some time ago, City staff was approached by representatives from New Cingular Wireless PCS, who indicated that they had a gap in wireless coverage in the vicinity of the Aquatic Center and Centennial Park. City property in those areas seemed to be the best location to accommodate such a tower. After some review, it was determined that Centennial Park would be the most agreeable location for such a tower.

The project is an unmanned wireless facility, consisting of an 84.9’ tall decorative bell tower, an 8’ x 8’ pre-cast concrete shelter, and a 30 KW generator, enclosed by a solid wall. The project would be located on the east side of Ward Avenue, approximately 500 feet north of the intersection of West Las Palmas Avenue, APN 048-048-010. The facility would be located near the southwest corner of the noted lot, on a 900 square foot area. An access easement would be extended from Ward Avenue to provide all-weather access to the site.

To conceal antennas and equipment as much as possible, the Municipal Code requires that all equipment shall be obscured from view or disguised, so as not to appear as telecommunication equipment. The City typically pursues towers disguised as palm trees, related to this requirement, however, in this instance, such a “mono-palm” was determined to look out of place at the desired location. The proposed project includes a tower disguised as a decorative bell

7.2 Packet Pg. 140
tower, and a solid wall to screen the ground equipment from view. The bell tower design was selected to blend with the proposed architecture found in the community generally, and with the planned Centennial Park proposal specifically. The bell would be for aesthetic purposes only and would not be used to generate sound.

To further reduce the potential aesthetic impact of cell towers on the skyline, co-location, or the placement of additional equipment on existing towers is encouraged through a staff level approval process. The proposed project includes space allowing for such co-location.

The Planning Commission reviewed the project at the January 13, 2022 meeting and approved the project with a unanimous vote.

Because the project would require the lease of City land, a draft agreement has been prepared.

FISCAL IMPACT
Monthly payment of rent to the City in the amount of $1,500 per month with annual increases.

7.2 Packet Pg. 141
AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL Market: Northern California
Cell Site Number: CVL01687
Search Ring Name: Patterson 2
Cell Site Name: Patterson 2 (CA)
Fixed Asset Number: 14758136

OPTION AND LAND LEASE AGREEMENT
THIS OPTION AND LAND LEASE AGREEMENT (“Agreement”), dated as of the latter of the signature dates below (the “Effective Date”), is entered into by the City of Patterson, a California municipal corporation, having a mailing address of c/o City Hall, Attn: City Manager, P.O. Box 667, Patterson, CA (“Landlord”), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd. NE, 3
rd Floor, Atlanta, GA 30319 (“Tenant”).

BACKGROUND
Landlord owns that certain plot, parcel or tract of land, as described on Exhibit 1, together with all rights and privileges arising in connection therewith, having a common street address of 15421 North 9th Street, located in the City of Patterson, County of Stanislaus, State of California 95363 [APN: 048-048-010- 000] (collectively, the “Property”). Landlord desires to grant to Tenant the right to use a portion of the Property in accordance with this Agreement.

The parties agree as follows:

1. OPTION TO LEASE.
(a) Landlord grants to Tenant an exclusive option (the “Option”) to lease (i) a certain portion of the Property containing approximately nine hundred (900) square feet including the air space above such ground space, as described on attached Exhibit 1, together with (ii) the areas as described and depicted on attached Exhibit 1 where the swing of those certain access gates may encroach into the Property (collectively, the “Premises”), for the placement of a Communication Facility in accordance with the terms of this Agreement.
(b) During the Option Term, and during the Term, Tenant and its agents, engineers, surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct soil borings, drainage testing, material sampling, radio frequency testing and other geological or engineering tests or studies of the Property (collectively, the “Tests”), to apply for and obtain licenses, permits, approvals, or other relief required of or deemed necessary or appropriate at Tenant’s sole discretion for its use of the Premises and include, without limitation, applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the “Government Approvals”), initiate the ordering and/or scheduling of necessary utilities, and otherwise to do those things on or off the Property that, in the opinion of Tenant, are necessary in Tenant’s sole discretion to determine the physical condition of the Property, the environmental history of the Property, Landlord’s title to the Property and the feasibility or suitability of the Property for Tenant’s Permitted Use, all at Tenant’s expense. Tenant will not be liable to Landlord or any third party on account of any pre-existing defect or condition on or with respect to the Property, whether or not such defect or condition is disclosed by Tenant’s inspection. Tenant will restore the Property to its condition as it existed at the commencement of the Option Term, reasonable wear and tear and loss by casualty or other causes beyond Tenant’s control excepted.

7.2.a
Packet Pg. 142 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 2 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL (c) In consideration of Landlord granting Tenant the Option, Tenant agrees to pay Landlord the sum of Five Hundred and No/100 Dollars ($500.00) within thirty (30) business days after the Effective Date.

The Option may be exercised during an initial term of one (1) year commencing on the Effective Date (the “Initial Option Term”) which term may be renewed by Tenant for an additional one (1) year (the “Renewal Option Term”) upon notification to Landlord and the payment of an additional Five Hundred and No/100 Dollars ($500.00) prior to the expiration date of the Initial Option Term. The Initial Option Term and any Renewal Option Term are collectively referred to as the “Option Term.” (d) The Option may be sold, assigned or transferred (each, a “Transfer”) at any time by Tenant without Landlord’s consent only to an Affiliate (as defined in Section 24(i) below) of Tenant. Tenant may not otherwise Transfer the Option without the prior written consent of Landlord, which shall not be unreasonably withheld. Upon the effective date of a Transfer of the Option by Tenant to an Affiliate of Tenant, or to any other transferee with the written approval from Landlord of such Transfer, and written notification from Tenant to Landlord of any such Transfer, Tenant shall immediately be released from any and all liability under this Agreement, including the payment of any rental or other sums due, without any further action.
(e) During the Option Term, Tenant may exercise the Option by notifying Landlord in writing. If Tenant exercises the Option, then Landlord leases the Premises to Tenant subject to the terms and conditions of this Agreement. If Tenant does not exercise the Option during the Option Term or any extension thereof, then this Agreement will terminate, and the parties will have no further liability to each other. (f) If during the Option Term, or during the Term if the Option is exercised, Landlord decides to subdivide, sell, or change the status of the zoning of the Premises, the Property or any of Landlord’s contiguous, adjoining or surrounding property (the “Surrounding Property”), or in the event of a threatened foreclosure on any of the foregoing, Landlord shall immediately notify Tenant in writing. Landlord agrees that during the Option Term, or during the Term if the Option is exercised, Landlord shall not initiate or consent to any change in the zoning of the Premises, the Property or the Surrounding Property or impose or consent to any other use or restriction that would prevent or limit Tenant from using the Premises for the Permitted Use. Any and all terms and conditions of this Agreement that by their sense and context are intended to be applicable during the Option Term shall be so applicable.

2. PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of communications fixtures and related equipment, cables, accessories and improvements, which may include a suitable support structure (“Structure”), associated antennas, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises (the “Communication Facility”), as well as the right to test, survey and review title on the Property; Tenant further has the right but not the obligation to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services, at no additional cost to Tenant or Landlord (collectively, the “Permitted Use”). Landlord and Tenant agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1 will not be deemed to limit Tenant’s Permitted Use. If Exhibit 1 includes zoning drawings of the initial installation of the Communication Facility, Landlord’s execution of this Agreement will signify Landlord’s approval of Exhibit 1. For a period of ninety (90) days following the start of construction, Landlord grants Tenant, its subtenants, licensees and sublicensees, the right to use such portions of the Surrounding Property as may reasonably be required during construction and installation of the Communication Facility. Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the Property’s main entry point to the equipment shelter or cabinet, install a generator and to make other improvements, alterations, upgrades or additions appropriate for Tenant’s Permitted Use, including the right to construct a fence around the Premises or equipment, install warning signs to make individuals aware of risks, install protective barriers, install any other control measures reasonably required by Tenant’s safety procedures or applicable law, and undertake any other appropriate

7.2.a
Packet Pg. 143 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 3 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL means to secure the Premises or equipment at Tenant’s expense, subject to all applicable Laws (as defined in Section 24(d) below) for such installation and operation activity. Tenant has the right to modify, supplement, replace, upgrade, expand the Communication Facility (including, for example, increasing the number of antennas or adding microwave dishes) or relocate the Communication Facility within the Premises at any time during the Term. Tenant will be allowed to make such alterations to the Property in order to ensure that the Communication Facility complies with all applicable federal, state or local laws, rules or regulations. In the event Tenant desires to modify or upgrade the Communication Facility, in a manner that requires an additional portion of the Property (the “Additional Premises”) for such modification or upgrade, Landlord agrees to lease to Tenant the Additional Premises, upon the same terms and conditions set forth herein, except that the Rent shall increase, in conjunction with the lease of the Additional Premises by the amount equivalent to the then-current per square foot rental rate charged by Landlord to Tenant times the square footage of the Additional Premises. Landlord agrees to take such actions and enter into and deliver to Tenant such documents as Tenant reasonably requests in order to effect and memorialize the lease of the Additional Premises to Tenant.

3. TERM.
(a) The initial lease term will be five (5) years (the “Initial Term”), commencing on the effective date of written notification by Tenant to Landlord of Tenant’s exercise of the Option (the “Term Commencement Date”). The Initial Term will terminate on the fifth (5th) anniversary of the Term Commencement Date.
(b) This Agreement will automatically renew for four (4) additional five (5) year term(s) (each additional five (5) year term shall be defined as an “Extension Term”), upon the same terms and conditions set forth herein unless Tenant notifies Landlord in writing of Tenant’s intention not to renew this Agreement at least sixty (60) days prior to the expiration of the Initial Term or the then-existing Extension Term. (c) Unless (i) Landlord or Tenant notifies the other in writing of its intention to terminate this Agreement at least six (6) months prior to the expiration of the final Extension Term, or (ii) the Agreement is terminated as otherwise permitted by this Agreement prior to the end of the final Extension Term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one (1) year, and for annual terms thereafter (“Annual Term”) until terminated by either party hereto by giving to the other party hereto written notice of its intention to so terminate at least four (4) months prior to the end of any such Annual Term. Monthly rent during such Annual Terms shall be equal to the Rent paid for the last month of the final Extension Term. If Tenant remains in possession of the Premises after the termination of this Agreement, then Tenant will be deemed to be occupying the Premises on a month-to-month basis (the “Holdover Term”), subject to the terms and conditions of this Agreement. (d) The Initial Term, any Extension Terms, any Annual Terms and any Holdover Term are collectively referred to as the “Term.”

4. RENT.
(a) Commencing on the first day of the month following the date that Tenant commences construction (the “Rent Commencement Date”), Tenant will pay Landlord on or before the fifth (5th) day of each calendar month in advance, One Thousand Five Hundred and No/100 Dollars ($1,500.00) (the “Rent”), at the address set forth above. In any partial month occurring after the Rent Commencement Date, the Rent will be prorated. The initial Rent payment will be forwarded by Tenant to Landlord within fortyfive (45) days after the Rent Commencement Date. (b) Upon each anniversary of the Rent Commencement Date during the Initial Term and each Extension Term exercised, the monthly Rent will increase by two percent (2%) over the Rent paid during the previous year.

7.2.a
Packet Pg. 144 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 4 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL (c) All charges payable under this Agreement such as utilities and taxes shall be billed by Landlord within one (1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly Rent which is due and payable without a requirement that it be billed by Landlord. The provisions of this subsection shall survive the termination or expiration of this Agreement.

5. APPROVALS.
(a) Landlord agrees that Tenant’s ability to use the Premises is contingent upon the suitability of the Premises and Property for the Permitted Use and Tenant’s ability to obtain and maintain all Government Approvals. Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Government Approvals for the Permitted Use and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals. (b) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of its choice. (c) Tenant may also perform and obtain, at Tenant’s sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if Tenant’s use of the Premises will be compatible with Tenant’s engineering specifications, system, design, operations or Government Approvals.

6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows:
(a) by either party on thirty (30) days prior written notice, if the other party remains in default under Section 15 of this Agreement after the applicable cure periods; (b) by Tenant upon written notice to Landlord, if Tenant is unable to obtain, or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now or hereafter intended by Tenant; or if Tenant determines, in its sole discretion that the cost of or delay in obtaining or retaining the same is commercially unreasonable;
(c) by Tenant, upon written notice to Landlord, if Tenant determines, in its sole discretion, due to the title report results or survey results, that the condition of the Premises is unsatisfactory for its intended uses;
(d) by Tenant upon written notice to Landlord for any reason or no reason, at any time prior to commencement of construction by Tenant; or
(e) by Tenant upon sixty (60) days’ prior written notice to Landlord for any reason or no reason, so long as Tenant pays Landlord a termination fee equal to three (3) months’ Rent, at the then-current rate, provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Tenant under any termination provision contained in any other Section of this Agreement, including the following: Section 5 Approvals, Section 6(a) Termination, Section 6(b) Termination, Section 6(c) Termination, Section 6(d) Termination, Section 11(d) Environmental, Section 18 Condemnation or Section 19 Casualty.

7. INSURANCE. During the Option Term and throughout the Term, Tenant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. The general aggregate limit shall be twice the required occurrence limit. Tenant’s commercial general liability policies shall be primary and shall not seek contribution from the Landlord’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that Landlord and its officers, officials, employees, and agents shall be additional insureds under such policies as respects this Agreement. Notwithstanding the foregoing, Tenant may, in its sole discretion, self-insure any of the required insurance under the same terms as required by this Agreement.

7.2.a
Packet Pg. 145 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 5 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL

8. INTERFERENCE.
(a) Prior to or concurrent with the execution of this Agreement, Landlord has provided or will provide Tenant with a list of radio frequency user(s) and frequencies used on the Property as of the Effective Date. Tenant warrants that its use of the Premises will not interfere with those existing radio frequency uses on the Property, as long as the existing radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. (b) Landlord will not grant, after the Effective Date, a lease, license or any other right to any third party, if the exercise of such grant may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property.
(c) Landlord will not, nor will Landlord permit its employees, tenants, licensees, invitees, agents or independent contractors to interfere in any way with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within twentyfour (24) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period, Landlord shall cease all operations which are suspected of causing interference (except for intermittent testing to determine the cause of such interference) until the interference has been corrected.
(d) For the purposes of this Agreement, “interference” may include, but is not limited to, any use on the Property or Surrounding Property that causes electronic or physical obstruction with, or degradation of, the communications signals from the Communication Facility.

9. INDEMNIFICATION.
(a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or liability, costs or expenses in connection with a third party claim (including reasonable attorneys’ fees and court costs) arising directly from the installation, use, maintenance, repair or removal of the Communication Facility or Tenant’s breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Landlord, its employees, invitees, agents or independent contractors.
(b) Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all injury, loss, damage or liability, costs or expenses in connection with a third party claim (including reasonable attorneys’ fees and court costs) arising directly from the actions or failure to act of Landlord, its employees, invitees, agents or independent contractors, or Landlord’s breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Tenant, its employees, agents or independent contractors.
(c) The indemnified party: (i) shall promptly provide the indemnifying party with written notice of any claim, demand, lawsuit, or the like for which it seeks indemnification pursuant to this Section 9 and provide the indemnifying party with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of the indemnifying party; and (iii) shall fully cooperate with the indemnifying party in the defense of the claim, demand, lawsuit, or the like. A delay in notice shall not relieve the indemnifying party of its indemnity obligation, except (1) to the extent the indemnifying party can show it was prejudiced by the delay; and (2) the indemnifying party shall not be liable for any settlement or litigation expenses incurred before the time when notice is given.

10. WARRANTIES.
(a) Each of Tenant and Landlord (to the extent not a natural person) each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power, and authority or capacity, as applicable, to enter into this Agreement and bind itself hereto through the party or individual set forth as signatory for the party below.

7.2.a
Packet Pg. 146 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 6 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL (b) Landlord represents, warrants and agrees that: (i) Landlord solely owns the Property as a legal lot in fee simple; (ii) the Property is not and will not be encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Tenant’s Permitted Use and enjoyment of the Premises under this Agreement; (iii) Landlord grants to Tenant sole, actual, quiet and peaceful use, enjoyment and possession of the Premises in accordance with the terms of this Agreement without hindrance or ejection by any persons lawfully claiming under Landlord; (iv) during the Term of the Agreement, Landlord shall not require Tenant to relocate or move any portion of the Structure or Communication Facility once Tenant has completed its installation, subject to an act, event, or circumstance beyond Landlord’s reasonable control, including but not limited to an act of God, or changes or enactments of any applicable federal or state laws that impact or affect Tenant’s use of the Premises; (v) Landlord’s execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on Landlord; and (vi) if the Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, then Landlord will provide promptly to Tenant a mutually agreeable subordination, non-disturbance and attornment agreement executed by Landlord and the holder of such security interest.

11. ENVIRONMENTAL.
(a) Landlord represents and warrants, except as may be identified in Exhibit 11 attached to this Agreement, (i) the Property, as of the Effective Date, is free of hazardous substances, including asbestoscontaining materials and lead paint, and (ii) the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. Landlord and Tenant agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment or worker health and safety, as may now or at any time hereafter be in effect, to the extent such apply to that party’s activity conducted in or on the Property.
(b) Landlord and Tenant agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding (“Claims”), to the extent arising from that party’s breach of its obligations or representations under Section 11(a). Landlord agrees to hold harmless and indemnify Tenant from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Landlord for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from subsurface or other contamination of the Property with hazardous substances prior to the Effective Date or from such contamination caused by the acts or omissions of Landlord during the Term. Tenant agrees to hold harmless and indemnify Landlord from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Tenant for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from hazardous substances brought onto the Property by Tenant. (c) The indemnification provisions contained in this Section 11 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any cleanup, remediation, removal or restoration work required by any governmental authority. The provisions of this Section 11 will survive the expiration or termination of this Agreement. (d) In the event Tenant becomes aware of any hazardous materials on the Property, or any environmental, health or safety condition or matter relating to the Property, that, in Tenant’s sole determination, renders the condition of the Premises or Property unsuitable for Tenant’s use, or if Tenant believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of liability to a government agency or other third party, then Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate this Agreement upon written notice to Landlord.

7.2.a
Packet Pg. 147 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 7 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL

12. ACCESS. At all times throughout the Term of this Agreement, and at no additional charge to Tenant, Tenant and its employees, agents, and subcontractors, will have twenty-four (24) hour per day, seven (7) day per week pedestrian and vehicular access (“Access”) to and over the Property, from an open and improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises. Notwithstanding the foregoing, Tenant shall Access the Premises only during ordinary business hours (8:00 a.m. – 5:00 p.m., Monday through Friday) (“Business Hours”) for construction and regular maintenance and repairs; provided, however, that Tenant shall have twenty-four (24) hours a day, seven (7) days a week Access to the Premises for unscheduled repairs and other emergency purposes, which shall be deemed to include any outage or failure of the Communication Facility. In the event Tenant needs emergency Access to the Premises outside of Business Hours, Tenant will give Landlord notice of such emergency Access as soon as practicable in light of the emergency circumstances. As may be described more fully in Exhibit 1, Landlord grants to Tenant an easement for such Access and Landlord agrees to provide to Tenant such codes, keys and other instruments necessary for such Access at no additional cost to Tenant. Upon Tenant’s request, Landlord will execute a separate recordable easement evidencing this right. Landlord shall execute a letter granting Tenant Access to the Property substantially in the form attached as Exhibit 12; upon Tenant’s request, Landlord shall execute additional letters during the Term. If Tenant elects to utilize an Unmanned Aircraft System (“UAS”) in connection with its installation, construction, monitoring, site audits, inspections, maintenance, repair, modification, or alteration activities at a Property, Landlord hereby grants Tenant, or any UAS operator acting on Tenant’s behalf, express permission to fly over the applicable Property and Premises in compliance with all applicable Laws, and consents to the use of audio and video navigation and recording in connection with the use of the UAS in compliance with all applicable Laws. Landlord acknowledges that in the event Tenant cannot obtain Access to the Premises, Tenant shall incur significant damage. If Landlord fails to provide the Access granted by this Section 12, such failure shall be a default under this Agreement. In connection with such default, in addition to any other rights or remedies available to Tenant under this Agreement or at law or equity, Landlord shall pay Tenant, as liquidated damages and not as a penalty, $500 per day in consideration of Tenant’s damages until Landlord cures such default. Landlord and Tenant agree that Tenant’s damages in the event of a denial of Access are difficult, if not impossible, to ascertain, and the liquidated damages set forth above are a reasonable approximation of such damages.

13. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant’s personal property and, at Tenant’s option, may be removed by Tenant at any time during or after the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of Tenant and may be removed by Tenant at any time during or after the Term. Tenant will repair any damage to the Property resulting from Tenant’s removal activities. Any portions of the Communication Facility that Tenant does not remove within one hundred twenty (120) days after the later of the end of the Term and cessation of Tenant’s operations at the Premises shall be deemed abandoned and owned by Landlord. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation.

14. MAINTENANCE/UTILITIES.
(a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto and all areas of the Premises where Tenant does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Landlord will be responsible for maintenance of landscaping on the Property, including any landscaping installed by Tenant as a condition of this Agreement or any required permit.

7.2.a
Packet Pg. 148 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 8 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL (b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to sub-meter from Landlord. When sub-metering is required under this Agreement, Landlord will read the meter and provide Tenant with an invoice and usage data on a monthly basis. Tenant shall reimburse Landlord for such utility usage at the same rate charged to Landlord by the utility service provider. Landlord further agrees to provide the usage data and invoice on forms provided by Tenant and to send such forms to such address and/or agent designated by Tenant. Tenant will remit payment within sixty (60) days of receipt of the usage data and required forms. Landlord shall maintain accurate and detailed records of all utility expenses, invoices and payments applicable to Tenant’s reimbursement obligations hereunder. Within fifteen (15) days after a request from Tenant, Landlord shall provide copies of such utility billing records to the Tenant in the form of copies of invoices, contracts and cancelled checks. If the utility billing records reflect an overpayment by Tenant, Tenant shall have the right to deduct the amount of such overpayment from any monies due to Landlord from Tenant.
(c) As noted in Section 4(c) above, any utility fee recovery by Landlord is limited to a twelve (12) month period. If Tenant submeters electricity from Landlord, Landlord agrees to give Tenant at least twenty-four (24) hours advance notice of any planned interruptions of said electricity. Landlord acknowledges that Tenant provides a communication service which requires electrical power to operate and must operate twenty-four (24) hours per day, seven (7) days per week. If the interruption is for an extended period of time, in Tenant’s reasonable determination, Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord.
(d) Tenant will have the right to install utilities, at Tenant’s expense, and to improve present utilities on the Property and the Premises. Landlord hereby grants to any service company providing utility or similar services, including electric power and telecommunications, to Tenant an easement over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such service companies may from time to time require in order to provide such services to the Premises. Upon Tenant’s or service company’s request, Landlord will execute a separate recordable easement evidencing this grant, at no cost to Tenant or the service company.

15. DEFAULT AND RIGHT TO CURE.
(a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) nonpayment of Rent if such Rent remains unpaid for more than thirty (30) days after written notice from Landlord of such failure to pay; or (ii) Tenant’s failure to perform any other term or condition under this Agreement within forty-five (45) days after written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, then Landlord will have the right to exercise any and all rights and remedies available to it under law and equity.
(b) The following will be deemed a default by Landlord and a breach of this Agreement: (i) Landlord’s failure to provide Access to the Premises as required by Section 12 within twenty-four (24) hours after written notice of such failure; (ii) Landlord’s failure to cure an interference problem as required by Section 8 within twenty-four (24) hours after written notice of such failure; or (iii) Landlord’s failure to perform any term, condition or breach of any warranty or covenant under this Agreement within forty-five (45) days after written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period,

7.2.a
Packet Pg. 149 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 9 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL Tenant will have: (1) the right to cure Landlord’s default and to deduct the costs of such cure from any monies due to Landlord from Tenant, and (2) any and all other rights available to it under law and equity.

16. ASSIGNMENT/SUBLEASE. Tenant has the right to Transfer this Agreement, in whole or in part, without Landlord’s consent only to (i) an Affiliate of Tenant, or (ii) any entity that acquires all or substantially all of Tenant’s assets located in the market, as defined by the Federal Communications Commission, in which the Property is located. Tenant also has the right to sublease or license the Premises, in whole or in part, without Landlord’s consent only to an Affiliate of Tenant. Tenant shall not otherwise have the right to Transfer this Agreement, or sublease or license the Premises and its rights herein, in whole or in part, without Landlord’s written consent. Landlord’s consent shall not unreasonably be withheld. Upon (1) notification to Landlord of a Transfer of the Agreement for which Landlord’s consent is not required pursuant to this Section 16, or (2) Landlord’s consent to a Transfer of the Agreement for which Landlord’s consent is required pursuant to this Section 16, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement to the extent of such assignment.

17. NOTICES. All notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties hereto as follows:

If to Tenant: New Cingular Wireless PCS, LLC
Attn: Tower Asset Group – Lease Administration
Re: Cell Site No.: CVL01687
Search Ring Name: Patterson 2
Cell Site Name: Patterson 2 (CA)
Fixed Asset No.: 14758136
1025 Lenox Park Blvd. NE, 3rd Floor
Atlanta, GA 30319
With a copy to: New Cingular Wireless PCS, LLC
Attn: Legal Dept – Network Operations
Re: Cell Site No.: CVL01687
Search Ring Name: Patterson 2
Cell Site Name: Patterson 2 (CA)
Fixed Asset No.: 14758136
208 S. Akard Street
Dallas, TX 75202-4206
The copy sent to Tenant’s Legal Department is an administrative step which alone does not constitute legal notice.

If to Landlord: City of Patterson
c/o City Hall
Attn: City Manager
P.O. Box 667
Patterson, CA 95363
With a copy to: Churchwell White, LLP
Attn: Douglas L. White, Esq.
1414 K Street, 3rd Floor
Sacramento, CA 95814

7.2.a
Packet Pg. 150 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 10 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL Either party hereto may change the place for the giving of notice to it by thirty (30) days’ prior written notice to the other party hereto as provided herein.

18. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within twenty-four (24) hours. If a condemning authority takes all of the Property, or a portion sufficient, in Tenant’s sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Tenant will include, where applicable, the value of its Communication Facility, moving expenses, prepaid Rent, and business dislocation expenses. Tenant will be entitled to reimbursement for any prepaid Rent on a pro rata basis.

19. CASUALTY. Landlord will provide notice to Tenant of any casualty or other harm affecting the Property within forty-eight (48) hours of the casualty or other harm. If any part of the Communication Facility or the Property is damaged by casualty or other harm as to render the Premises unsuitable, in Tenant’s sole determination, then Tenant may terminate this Agreement by providing written notice to Landlord, which termination will be effective as of the date of such casualty or other harm. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a pro rata basis. Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property, but only until such time as Tenant is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Agreement, such temporary facilities will be governed by all of the terms and conditions of this Agreement, including Rent. If Landlord or Tenant undertakes to rebuild or restore the Premises and/or the Communication Facility, as applicable, Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property at no additional Rent until the reconstruction of the Premises and/or the Communication Facility is completed.

If Landlord determines not to rebuild or restore the Property, Landlord will notify Tenant of such determination within thirty (30) days after the casualty or other harm. If Landlord does not so notify Tenant and Tenant decides not to terminate under this Section 19, then Landlord will promptly rebuild or restore any portion of the Property interfering with or required for Tenant’s Permitted Use of the Premises to substantially the same condition as existed before the casualty or other harm. Landlord agrees that the Rent shall be abated until the Property and/or the Premises are rebuilt or restored, unless Tenant places temporary transmission and reception facilities on the Property.

20. WAIVER OF LANDLORD’S LIENS. Landlord waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law; Landlord consents to Tenant’s right to remove all or any portion of the Communication Facility from time to time in Tenant’s sole discretion and without Landlord’s consent.

21. TAXES.
(a) Landlord shall be responsible for (i) all taxes and assessments levied upon the lands, improvements and other property of Landlord including any such taxes that may be calculated by a taxing authority using any method, including the income method, (ii) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with this Agreement, and (iii) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with a sale of the Property or assignment of Rent payments by Landlord. Tenant shall be responsible for (y) any taxes and assessments attributable to and levied upon Tenant’s leasehold improvements on the Premises if and as set forth in this Section 21 and (z) all sales, use,

7.2.a
Packet Pg. 151 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 11 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with an assignment of this Agreement or sublease by Tenant. Nothing herein shall require Tenant to pay any inheritance, franchise, income, payroll, excise, privilege, rent, capital stock, stamp, documentary, estate or profit tax, or any tax of similar nature, that is or may be imposed upon Landlord. (b) In the event Landlord receives a notice of assessment with respect to which taxes or assessments are imposed on Tenant’s leasehold improvements on the Premises, Landlord shall provide Tenant with copies of each such notice immediately upon receipt, but in no event later than thirty (30) days after the date of such notice of assessment. If Landlord does not provide such notice or notices to Tenant in a timely manner and Tenant’s rights with respect to such taxes are prejudiced by the delay, Landlord shall reimburse Tenant for any increased costs directly resulting from the delay and Landlord shall be responsible for payment of the tax or assessment set forth in the notice, and Landlord shall not have the right to reimbursement of such amount from Tenant. If Landlord provides a notice of assessment to Tenant within such time period and requests reimbursement from Tenant as set forth below, then Tenant shall reimburse Landlord for the tax or assessments identified on the notice of assessment on Tenant’s leasehold improvements, which has been paid by Landlord. If Landlord seeks reimbursement from Tenant, Landlord shall, no later than thirty (30) days after Landlord’s payment of the taxes or assessments for the assessed tax year, provide Tenant with written notice including evidence that Landlord has timely paid same, and Landlord shall provide to Tenant any other documentation reasonably requested by Tenant to allow Tenant to evaluate the payment and to reimburse Landlord.
(c) For any tax amount for which Tenant is responsible under this Agreement, Tenant shall have the right to contest, in good faith, the validity or the amount thereof using such administrative, appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as permitted by law. This right shall include the ability to institute any legal, regulatory or informal action in the name of Landlord, Tenant, or both, with respect to the valuation of the Premises. Landlord shall cooperate with respect to the commencement and prosecution of any such proceedings and will execute any documents required therefor. The expense of any such proceedings shall be borne by Tenant and any refunds or rebates secured as a result of Tenant’s action shall belong to Tenant, to the extent the amounts were originally paid by Tenant. In the event Tenant notifies Landlord by the due date for assessment of Tenant’s intent to contest the assessment, Landlord shall not pay the assessment pending conclusion of the contest, unless required by applicable law. (d) Landlord shall not split or cause the tax parcel on which the Premises are located to be split, bifurcated, separated or divided without the prior written consent of Tenant. (e) Tenant shall have the right but not the obligation to pay any taxes due by Landlord hereunder if Landlord fails to timely do so, in addition to any other rights or remedies of Tenant. In the event that Tenant exercises its rights under this Section 21(e) due to such Landlord default, Tenant shall have the right to deduct such tax amounts paid from any monies due to Landlord from Tenant as provided in Section 15(b), provided that Tenant may exercise such right without having provided to Landlord notice and the opportunity to cure per Section 15(b).
(f) Any tax-related notices shall be sent to Tenant in the manner set forth in Section 17.

Promptly after the Effective Date, Landlord shall provide the following address to the taxing authority for the authority’s use in the event the authority needs to communicate with Tenant. In the event that Tenant’s tax address changes by notice to Landlord, Landlord shall be required to provide Tenant’s new tax address to the taxing authority or authorities.

7.2.a
Packet Pg. 152 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 12 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL New Cingular Wireless PCS, LLC
Attn: Tower Asset Group – Taxes
Re: Cell Site No.: CVL01687
Search Ring Name: Patterson 2
Cell Site Name: Patterson 2 (CA)
Fixed Asset No.: 14758136
1025 Lenox Park Blvd. NE, 3rd Floor
Atlanta, GA 30319
(g) Notwithstanding anything to the contrary contained in this Section 21, Tenant shall have no obligation to reimburse any tax or assessment for which the Landlord is reimbursed or rebated by a third party.

22. SALE OF PROPERTY.
(a) Landlord may sell the Property or a portion thereof to a third party, provided: (i) the sale is made subject to the terms of this Agreement during the Term of the Agreement; and (ii) if the sale does not include the assignment of Landlord’s full interest in this Agreement, the purchaser must agree to perform, without requiring compensation from Tenant or any subtenant, any obligation of Landlord under this Agreement, including Landlord’s obligation to cooperate with Tenant as provided hereunder. (b) If Landlord, at any time during the Term of this Agreement, decides to rezone or sell, subdivide or otherwise transfer all or any part of the Premises, or all or any part of the Property or the Surrounding Property, to a purchaser other than Tenant, Landlord shall promptly notify Tenant in writing, and such rezoning, sale, subdivision or transfer shall be subject to this Agreement and Tenant’s rights hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, Landlord or its successor shall send the documents listed below in this Section 2222(b) to Tenant. Until Tenant receives all such documents, Tenant’s failure to make payments under this Agreement shall not be an event of default and Tenant reserves the right to hold payments due under this Agreement. i. Old deed to Property
ii. New deed to Property
iii. Bill of Sale or Transfer
iv. Copy of current Tax Bill
v. New IRS Form W-9 & CA FTB Form 590
vi. Completed and Signed Tenant Payment Direction Form
vii. Full contact information for new Landlord including phone number(s) (c) Landlord agrees not to sell, lease or use any areas of the Property or the Surrounding Property for the installation, operation or maintenance of other wireless communication facilities if such installation, operation or maintenance would interfere with Tenant’s Permitted Use or communications equipment as determined by radio propagation tests performed by Tenant in its sole discretion. Landlord or Landlord’s prospective purchaser shall reimburse Tenant for any costs and expenses of such testing. If the radio frequency propagation tests demonstrate levels of interference unacceptable to Tenant, Landlord shall be prohibited from selling, leasing or using any areas of the Property or the Surrounding Property for purposes of any installation, operation or maintenance of any other wireless communication facility or equipment. (d) The provisions of this Section 22 shall in no way limit or impair the obligations of Landlord under this Agreement, including interference and access obligations.

7.2.a
Packet Pg. 153 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 13 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL

23. RIGHT OF FIRST REFUSAL. Notwithstanding the provisions contained in Section 22, if at any time after the Effective Date, Landlord receives a bona fide written offer from a third party seeking any sale, conveyance, assignment or transfer, whether in whole or in part, of any property interest in or related to the Premises, including without limitation any offer seeking an assignment or transfer of the Rent payments associated with this Agreement or an offer to purchase an easement with respect to the Premises (“Offer”), Landlord shall immediately furnish Tenant with a copy of the Offer. Tenant shall have the right within ninety (90) days after it receives such copy to match the financial terms of the Offer and agree in writing to match such terms of the Offer. Such writing shall be in the form of a contract substantially similar to the Offer but Tenant may assign its rights to a third party. If Tenant chooses not to exercise this right or fails to provide written notice to Landlord within the ninety (90) day period, Landlord may sell, convey, assign or transfer such property interest in or related to the Premises pursuant to the Offer, subject to the terms of this Agreement. If Landlord attempts to sell, convey, assign or transfer such property interest in or related to the Premises without complying with this Section 23, the sale, conveyance, assignment or transfer shall be void.

Tenant shall not be responsible for any failure to make payments under this Agreement and reserves the right to hold payments due under this Agreement until Landlord complies with this Section 23. Tenant’s failure to exercise the right of first refusal shall not be deemed a waiver of the rights contained in this Section 23 with respect to any future proposed conveyances as described herein.

24. MISCELLANEOUS.
(a) Amendment/Waiver. This Agreement cannot be amended, modified or revised unless done in writing and signed by Landlord and Tenant. No provision may be waived except in a writing signed by both parties. The failure by a party to enforce any provision of this Agreement or to require performance by the other party will not be construed to be a waiver, or in any way affect the right of either party to enforce such provision thereafter.
(b) Memorandum of Lease. Contemporaneously with the execution of this Agreement, the parties will execute a recordable Memorandum of Lease substantially in the form attached as Exhibit 24(b).

Either party may record this Memorandum of Lease at any time during the Option Term or the Term, as the case may be, in its absolute discretion. Thereafter during the Term, either party will, at any time upon fifteen (15) business days’ prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease.
(c) Limitation of Liability. Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability.
(d) Compliance with Law. Tenant agrees to comply with all federal, state and local laws, orders, rules and regulations (“Laws”) applicable to Tenant’s use of the Communication Facility on the Property. Landlord agrees to comply with all Laws relating to Landlord’s ownership and use of the Property and any improvements on the Property.
(e) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns.
(f) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject matter of this Agreement. Exhibits are numbered to correspond to the Section wherein they are first referenced. Except as otherwise stated in this Agreement, each party shall bear its own fees and expenses (including the fees and expenses of its agents, brokers, representatives, attorneys, and accountants) incurred in connection with the negotiation, drafting, execution and performance of this Agreement and the transactions it contemplates.
(g) Governing Law. This Agreement will be governed by the laws of the state in which the Premises are located, without regard to conflicts of law.

7.2.a
Packet Pg. 154 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 14 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL (h) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term “including” will be interpreted to mean “including but not limited to”; (iii) whenever a party’s consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of this Agreement and are incorporated by reference into this Agreement; (v) use of the terms “termination” or “expiration” are interchangeable; (vi) reference to a default will take into consideration any applicable notice, grace and cure periods; (vii) to the extent there is any issue with respect to any alleged, perceived or actual ambiguity in this Agreement, the ambiguity shall not be resolved on the basis of who drafted the Agreement; (viii) the singular use of words includes the plural where appropriate; and (ix) if any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force if the overall purpose of the Agreement is not rendered impossible and the original purpose, intent or consideration is not materially impaired.
(i) Affiliates. All references to “Tenant” shall be deemed to include any Affiliate of New Cingular Wireless PCS, LLC using the Premises for any Permitted Use or otherwise exercising the rights of Tenant pursuant to this Agreement. “Affiliate” means with respect to a party to this Agreement, any person or entity that (directly or indirectly) controls, is controlled by, or under common control with, that party. “Control” of a person or entity means the power (directly or indirectly) to direct the management or policies of that person or entity, whether through the ownership of voting securities, by contract, by agency or otherwise.
(j) Survival. Any provisions of this Agreement relating to indemnification shall survive the termination or expiration hereof. In addition, any terms and conditions contained in this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall so survive.
(k) Standard Payment Direction Form/W-9/FTB 590. As a condition precedent to payment, Landlord agrees to provide Tenant with a properly completed (i) Standard Payment Direction Form of Tenant; and (ii) IRS Form W-9 and CA FTB Form 590, or their respective tax form equivalents, upon execution of this Agreement and at such other times as may be reasonably requested by Tenant, including any change in Landlord’s name or address.
(l) Execution/No Option. The submission of this Agreement to any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreement will become effective as a binding Agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Landlord and Tenant. This Agreement may be executed in two (2) or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties. All parties need not sign the same counterpart.
(m) Attorneys’ Fees. In the event that any dispute between the parties related to this Agreement should result in litigation, the prevailing party in such litigation shall be entitled to recover from the other party all reasonable fees and expenses of enforcing any right of the prevailing party, including reasonable attorneys’ fees and expenses. Prevailing party means the party determined by the court to have most nearly prevailed even if such party did not prevail in all matters. This provision will not be construed to entitle any party other than Landlord, Tenant and their respective Affiliates to recover their fees and expenses. (n) WAIVER OF JURY TRIAL. EACH PARTY, TO THE EXTENT PERMITTED BY

LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL

BY JURY IN ANY ACTION OR PROCEEDING UNDER ANY THEORY OF LIABILITY ARISING OUT

OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE TRANSACTIONS IT CONTEMPLATES.
(o) Incidental Fees. Unless specified in this Agreement, no unilateral fees or additional costs or expenses are to be applied by either party to the other party, including review of plans, structural analyses, consents, provision of documents or other communications between the parties.

7.2.a
Packet Pg. 155 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 15 AT&T Site CVL01687 (Patterson 2) Option and Land Lease Agreement 9.13.21 FINAL (p) Further Acts. Upon request, Landlord will cause to be promptly and duly taken, executed, acknowledged and delivered all such further acts, documents, and assurances as Tenant may request from time to time in order to effectuate, carry out and perform all of the terms, provisions and conditions of this Agreement and all transactions and permitted use contemplated by this Agreement.

IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the Effective Date.
“LANDLORD” “TENANT”
City of Patterson, New Cingular Wireless PCS, LLC,
a California municipal corporation a Delaware limited liability company By: By: AT&T Mobility Corporation
Name: Its: Manager
Its: City Manager
Date: By:

Name:

By: Its:

Name: Date:

Its: City Clerk
Date:

Approved as to Form:

By:

Name:

Its: City Attorney
Date:

7.2.a
Packet Pg. 156 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of EXHIBIT 1

DESCRIPTION OF PROPERTY AND PREMISES

Page 1 of 13 ends

to the Option and Land Lease Agreement dated as of _______________, 2021, by and between the City of Patterson, a California municipal corporation, as Landlord, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant.

The Property is legally described as follows:

Real property in the City of Patterson, County of Stanislaus, State of California, described as follows:

PARCEL 3, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FEBRUARY 14, 2003 IN BOOK 52 OF PARCEL MAPS, AT PAGE 06, STANISLAUS COUNTY RECORDS.

APN: 048-048-010-000
The Premises are described and/or depicted as follows:
[100% Zoning Drawings (rev 2) dated May 3, 2021, prepared by MST Architects, and consisting of twelve (12) pages, appear on following pages] Notes:

1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND/OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE RECEIVED BY TENANT.

2. ANY SETBACK OF THE PREMISES FROM THE PROPERTY’S BOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES.

3. WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES, INCLUDING POLICE AND FIRE DEPARTMENTS.

4. THE TYPE, NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE ILLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE.

7.2.a
Packet Pg. 157 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of EXHIBIT 11

ENVIRONMENTAL DISCLOSURE
Landlord represents and warrants that the Property, as of the Effective Date, is free of hazardous substances except as follows:

1. None.

7.2.a
Packet Pg. 158 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of EXHIBIT 12

STANDARD ACCESS LETTER
[FOLLOWS ON NEXT PAGE]

7.2.a
Packet Pg. 159 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of {This Letter Goes On Landlord's Letterhead}
[Insert Date]
Building Staff / Security Staff
[Landlord, Lessee, Licensee]
[Street Address]
[City, State, Zip]
Re: Authorized Access granted to New Cingular Wireless PCS, LLC (“AT&T”) Dear Building and Security Staff,
Please be advised that we have signed a lease with AT&T permitting AT&T to install, operate and maintain telecommunications equipment at the property. The terms of the lease grant AT&T and its representatives, employees, agents and subcontractors (“representatives”) 24 hour per day, 7 day per week access to the leased area.

To avoid impact on telephone service during the day, AT&T representatives may be seeking access to the property outside of normal business hours. AT&T representatives have been instructed to keep noise levels at a minimum during their visit.

Please grant the bearer of a copy of this letter access to the property and to leased area. Thank you for your assistance.
_______________________
Landlord Signature

7.2.a
Packet Pg. 160 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of EXHIBIT 24(b)

MEMORANDUM OF LEASE
[FOLLOWS ON NEXT PAGE]

7.2.a
Packet Pg. 161 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of Recording Requested By
& When Recorded Return To:

New Cingular Wireless PCS, LLC
Attn: Tower Asset Group – Lease Administration
1025 Lenox Park Blvd. NE, 3rd Floor
Atlanta, GA 30319
APN: 021-070-002-000
(Space Above This Line For Recorder’s Use Only)
Cell Site No.: CVL01687
Search Ring Name: Patterson 2
Cell Site Name: Patterson 2 (CA)
Fixed Asset No.: 14758136
State: California
County: Stanislaus

MEMORANDUM
OF
LEASE
This Memorandum of Lease is entered into on this _____ day of _______________, 2021, by and between the City of Patterson, a California municipal corporation, having a mailing address of c/o City Hall, Attn: City Manager, P.O. Box 667, Patterson, CA (hereinafter called “Landlord”), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd. NE, 3 rd Floor, Atlanta, GA
30319 (“Tenant”).

1. Landlord and Tenant entered into a certain Option and Land Lease Agreement dated as of _______________, 2021 (“Agreement”), for the purpose of installing, operating and maintaining a communication facility and other improvements. All of the foregoing is set forth in the Agreement.

2. The initial lease term will be five (5) years commencing on the effective date of written notification by Tenant to Landlord of Tenant’s exercise of its option, with four (4) successive automatic five (5) year options to renew.

3. The portion of the land being leased to Tenant and associated easements are described in Exhibit 1 annexed hereto.

4. The Agreement gives Tenant a right of first refusal in the event Landlord receives a bona fide written offer from a third party seeking any sale, conveyance, assignment or transfer, whether in whole or in part, of any property interest in or related to the Premises, including without limitation any offer seeking an assignment or transfer of the Rent payments associated with the Agreement or an offer to purchase an easement with respect to the Premises.

5. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement.

7.2.a
Packet Pg. 162 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of 7 IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written.
“LANDLORD”
City of Patterson,
a California municipal corporation
By:

Name:

Its:

Date:
“TENANT”
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By:

Name:

Its:

Date:
[ACKNOWLEDGMENTS APPEAR ON NEXT TWO (2) PAGES]

7.2.a
Packet Pg. 163 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of

LANDLORD ACKNOWLEDGMENT
State of California
County of _________________________________)
On ________________________________ before me, ________________________________________________, (insert name and title of the officer)
personally appeared ____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature __________________________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

7.2.a
Packet Pg. 164 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of

TENANT ACKNOWLEDGMENT
State of California
County of _________________________________)
On ________________________________ before me, ________________________________________________, (insert name and title of the officer)
personally appeared ____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

7.2.a
Packet Pg. 165 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of EXHIBIT 1 TO MEMORANDUM OF LEASE

DESCRIPTION OF PROPERTY AND PREMISES

Page 1 of 2 ends

to the Memorandum of Lease dated _______________, 2021, by and between the City of Patterson, a California municipal corporation, as Landlord, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant.

The Property is legally described as follows:

Real property in the City of Patterson, County of Stanislaus, State of California, described as follows:

PARCEL 3, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FEBRUARY 14, 2003 IN BOOK 52 OF PARCEL MAPS, AT PAGE 06, STANISLAUS COUNTY RECORDS.

APN: 048-048-010-000
The Premises are described and/or depicted as follows:
[One (1) Page Depiction of the Premises Suitable for Recording in Stanislaus County Appears on Following Page]

7.2.a
Packet Pg. 166 Attachment: ATT Site CVL01687 (Patterson 2) Option Land Lease Agreement 9.13.21 Final Executable (Agreement Between the City of

7.2.b
Packet Pg. 167 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 168 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 169 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 170 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 171 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 172 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 173 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 174 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 175 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 176 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 177 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 178 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 179 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 180 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 181 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 182 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 183 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 184 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 185 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 186 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 187 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 188 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 189 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 190 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 191 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 192 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 193 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 194 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 195 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 196 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 197 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 198 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 199 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 200 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 201 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 202 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 203 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 204 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 205 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 206 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 207 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 208 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 209 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 210 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 211 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 212 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 213 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 214 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 215 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 216 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 217 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 218 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 219 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 220 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 221 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 222 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 223 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 224 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 225 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 226 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 227 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 228 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 229 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 230 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 231 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 232 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 233 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 234 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 235 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 236 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 237 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 238 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 239 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 240 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 241 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 242 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 243 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 244 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 245 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 246 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 247 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 248 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 249 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 250 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC)

7.2.b
Packet Pg. 251 Attachment: 1-13-22 ATT Cell Tower PC Report (Agreement Between the City of Patterson and New Cingular Wireless PCS, LLC) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Ken Irwin, City Manager
MEETING DATE: April 5, 2022
ITEM NO: 8.A.1
SUBJECT: Motion to Appoint/Reappoint Two (2) Members to the Planning Commission.

RECOMMENDATION
Motion to Appoint/Reappoint Two (2) Members to the Planning Commission.

BACKGROUND
The following applications were received and hereto attached:

1. Lynn Apland

2. Kelvin Love

3. Ron West

4. Dianna Anderson

8.A.1
Packet Pg. 252
Planning Commission
Monday, March 28, 2022
Interview Panel
City Council Members: Mayor McCord & Mayor Pro Tem Farinha

CANDIDATE
Lynn Apland
Kelvin Love
Ron West
Dianna Anderson
Planning Commission has two (2) open seats for appointment or reappointment. All seats are two year terms.

Terms are February 2022 to February 2024 (even numbered years) Planning Commission meetings:
• Every 2nd and 4th Thursday of each month – 7:00 p.m. (January through October)
• Every 3rd Thursday of each month – 7:00 p.m. (November and December)

8.A.1.a
Packet Pg. 253 Attachment: Planning Commission Interview Schedule and Applications (4) (Planning Commission Appointments/Reappointments) Commission/Comm tss
City Clerk's Off,ce
\ -3t-a'I
Tim€
lnitlels
men Application for Appointment or Reappoint
(This is a Public Record Subject to Disclosure)
Name of Commission/Committee/Boa ;6 Planning Commission Appointment Reappointment
licant rGMin Love Name of App
624 Pine Creek Lane Patterson Zi 9s363
Mailing Address
Phone (home 209-854-7594 (cell 510 23G1aA3 (work) 92s 360{737 gth of time at residence 6.5 Years
Email Address [email protected] Len
Employef EvarE Btothers, lnc.

Experience or Special Knowledge Pertaining to Area of lnterest 48 Years of working Construction
Sewed 2 years on the Pattetson Pafts Commisslon
Employment Experience
46 Years iotal exporierEe h Constructioo
See Attaohed Fesume
Organization, Community and/or Public Service Experience 2 Yea.S Patte6on Parks Commission
1 year Den Leader for Patterson Cub fuuts Pack 81
4 Years as Cub Mas1er Patterson Pack 81
Education (high school, college, trade school or training) Note: There is ng Specific educational requirement
G.adqted Shelley Hioh Soh@|, sh€ffcy ldat'o 1974
2 Yes,€ University of uiah
Do you have any financial or professional interest or association related to this position? lf yes, please explain.

Yes No
Residence Street Address 624 Pine creek Lafle Ciry rdte:"t--Zipj5363-

8.A.1.a
Packet Pg. 254 Attachment: Planning Commission Interview Schedule and Applications (4) (Planning Commission Appointments/Reappointments) When are you available to attend this commission/committee/board regular and/or special meetings? Able io attend evening or alternoon m€fttngE
1 2
3 Please list three references with teleph0ne numbers:

Dennis Severs
$eve Albens
Julie Thomas
g61s 1f31t2022 Signature
File this application with: The City Clerk of the City of Patterson P.O. Box 667
1 Plaza, znd Floor
Patterson, CA 95363
Web Site www.ci .oatterson.ca .us Email citvclerk@ ci. patterson.ca. us Direct No. (2O9) 89s-8014
A resume containing other pertinent information about yours€lf would be helpful to the City Council in evaluating your application (Optional).

APPLIcATloil GERTIFIC.ATION: PLEASE READ BELOW BEFORE SIGNING' I certify that the statements made by me in this application are true, complete, and correct to the best of mY knowledge and belief. I understand that statements made are subject to verification and that any misrepresentation, fraud, or omission of material facts may result in denial of appointment/reappointment' I hereby authorize representatives of the city of Patterson to contact organizations {including employers and schools} and individuals listed, for the purpose of establishing or verifoing my qualifications and work history in connection with this application. I understand and acknowledge that such information will be used confidentially and for the purpose of appointment/reappointmmt decisions onlY.

I understand and hereby accept that if the City Council of the City of Patterson appoints/reappoints me to a City of Patterson Commission/Commntee/Board, I will serve without pay and will be subject to the filings of the Fair Political practices Com miss ion (statement oI Ecotlr,mrc tnterest, Form ?d)1. I hereby further understand and accept that per city ordinance No- 718, if I am appointed/.eappointed, I will be required to pass a Department of Justice (DoJ) fingerprint (background) test.

Kelvin
Oigitally s'gned by Ke v n Love
. DN.C=LS t -r",[email protected]<bro'ic- (o"
L oVe f; :ffiiluvouiEEN Bmlh's
oara2022 01 31 10:26 02.0300
(The City Clerk,s office will keep your application on file for one (1) year from the date stamped received) Phone92sffis74
phone 925'575'0067
phOne 40&307 3200

8.A.1.a
Packet Pg. 255 Attachment: Planning Commission Interview Schedule and Applications (4) (Planning Commission Appointments/Reappointments) Kelvin M. Love
524 Pine Creek Lane
Patterson, CA 95363
Home Telephone: (209) 894-7594
Cell Phone: (510) 230-1883 r'
Education
Cotlege: Ricks Coltege - i Semester, 1974 University of Utah - 1 %ye'ars,1971'78 High School: Shelley High School, Shelley Idaho
Work Erperience
Project Maneger/Eslimator 9D4D0l5 to Present
Evans Brothers lnc.
75E9 National Drive
Livermore, CA 94550
Estimating/Ivlanage Grading and Paving prqiects. Complete Change orders, pay requests etc.

Project Menrger 9l1DSO6 to 1112612012
John Beuward ComPanY
21750 Eighth Sreet East
Sonoma, CA 95476
Manage Various projects, rwiew and write contracts, review and make pay requests, develop project schedules.

Site Superintetrdent/Project Manager January l, 2005 to August l' 2006 Stevens Hemingway Stevens Inc
520 Second Ave
Crockett, CA, 9452
l20OO sq- ft., 6 space wood framed retail center in Livermore CA' Onsite supervision and Project Management.

Site improvements for a 5.5acre commercial development. Managed placement of-the removal of45,000 cubic yards ofoff haul, placernent ofall utilities, construction of multiple keystone retaining walls, site concrete, placement of AB /AC Project Menager/Estimator fln6n0l2 to 9l24DOl6
Talus Consfuction
18 Crow Canyon Court
San Ramon, Ca 94583
Director of
'Grading
and Paving operations. Bid various projects, both grading paving and underground utlities. Manage the projects, complete pay request, ohange orders etc'

8.A.1.a
Packet Pg. 256 Attachment: Planning Commission Interview Schedule and Applications (4) (Planning Commission Appointments/Reappointments) Project Manager February 2fi)2 to Jsnurry 1, 2005
Bains Developments
42285 Osgood Rd
Fremont CA 94539
Holiday Inn Express and Suites Hotel/Livermore 92unit hotel 47000 sq ft., 3 itory, wood framed, Masonry/Stucco Exterior 92 room hotel onsite supervision *a l-jot t tuo"g*r. Bid, negotiated and managed all srb-coatracts, change oiders ec. Completed and submitted all bank draws' Holiday Inn Express and Suites HotellRoseville 83 Unit Hotel 46000 sq ft., 3 story, wood framed, Masonry/Stucco Veneer' project Manager. fiiA -A negotiated all subcontracts, change orders etc- Completed and submitted all bank draws.

Project Supcrintendent 1997 to 2002
Arnell-Wesq hc.
344i S 2200W
sLC, U-t 84119
IIIC Cottonwood Hospital \ omen's Center
Supewised the construction of a 40o0sq, ft. addition to the women's center. contract Value of $4,000,0O0.00
Ertended dtay America Eotel, Colorado Springs. Contract amount: $3,100,000'00 Total Value of Project: $6,400,000.00
Supervised the construction of a 3 story, wood framed hotel ,124 rooms Actively pJicipued in the bidding and project management of the prqiect Negotiated all change orders with the subs and owner'
Studio PIus Hotel' Fremont' Catifornia. Contract amount: $4,100,000 Total Value ol Project: $9,300,000.00
Sujervisedthe construction of 3 story, wood framed hotel .81 suites Actively participated in the bidding ald project management. Negotiated all change orders with subs and owner.

Extended Stay America Hotd, Union City, California' 4 story, wood framed hotel Contract value $4,600.000.00. Total Value of Project, $10,200,000 00' Another superintendent was supervising this project Proj ect was 4 months behind schedule. upon opening the studio Ptus in Fremont, I assumed the position of a Field Proj ect Manager and took over this Hotel. Sheet rock had not started on any ofthe floors. Wc w-ere able to put the building back on schedule and open 2 months later' Ertended Stay Hotel, Dublin, California. 3 story wood frame hotel' 126 Units Upon opening the uirion city llotel, this project was running behind schedule as well. I took over thi project again as a Field Project Manager to complete the p'roject' Extended Stay Aterica Hotel, Alameda 4 story, wood Framed Hotel, constructed on a 2g,, structural podium Deck supported by 185 concrete piles driven 105' into the ground.

Contract Value: $6,800,000.00. Total Project Value, Sl1,500,000 00' Supervrsed the construcuon of the project. Actively partioipated in the bidding and p.oj"a -*ug".ent_ Negotiated all the change orders with the subs as well as the owner

8.A.1.a
Packet Pg. 257 Attachment: Planning Commission Interview Schedule and Applications (4) (Planning Commission Appointments/Reappointments) Extended stay America Hotel, Fremont. 4 story, wood ftamed Hotel complete with a l35'concrete bridge at the entry spanning a protected Creek. Contract Value, 7,500,000.00. Total Proj cct Valuc, 12,500,000.00.

Supervised the construction of the project. Actively parhcipated in the bidding and the proj ect maragement. Negotiated the contract with the owners, and all the change orders with the subcontracts as well as the owners.

Gencral Superintendent
Kendrick Brothers Construction, 4015 So. 300 W. SLC, UT 84107 February 1994 to March 1995
Commercial Design/Build
Job Size: $200,000.000 to M00,000.00
Tenant improvements. Responsible for scheduling of Sub-Contractors, quality control, architects, aod owner's representatives. Oversee projects from demolition to turn over.

Work with city building departrnents and landlords in 4 separate states. Estimating and troubleshooting.

General ContractorlFraming Contractor Self-employed.
l2 years' experience in residential and commercial construction. Completed from the ground up a 22,000-sq. ft. chapel for the LDS Church. Framed and consulted in the construction of 5 other LDS churches in Salt Lake Cotrnty and Utah County. Building sizes ranged from 22,000 sq- ft. to 54,000 sq. ft. New and remodel projects Job size $3,000.00 to $700,000.00. Crew sizeq 6 to l8 men.

Heavy Construction
H & K Contractors, Idaho Falls, Idaho, 1978-1981
Grade 3 equipment operator, Utilities and road building Pipe layer, (water and sewer) Lead Man - in charge of foundation preparation for the Upper Valley Power Dam, Idaho Falls- Certified Forman, AGCS.

Computer Experience:

Word Perlect
Microsoft Word
Microsoft Project
Microsoft Excel.

OST Take Off software
Insite Take Off Software
Sage Master Builder
HCSS Heavy Bid
Refercnces: Available upon Request
Languages SpokenA ritten: English,/Fluent Spanish/Iluent Personal I.nterests:

Drafting, camping, woodworking, sports, scouts.

8.A.1.a
Packet Pg. 258 Attachment: Planning Commission Interview Schedule and Applications (4) (Planning Commission Appointments/Reappointments) Commission/Com
Application for Appointmen lme 6:34apporn[6]enk+
(This is a Public Record Subject to Disclosure)
Name of Commission/Com m ittee/Board f Lfit'1,'l rnlc, 0lnr\fssf Appointment Reappointment
Name of Applicant L? ttt't 4rt dluo
0r")
Residence Street Address ,2'l'O L\) f- LR /1 t/ ,nr_Fr4_l'-|E(-(og_^076-il? Mailing Address e-tO L'JTALR Al City PR rrLnsoa ,,r?fi6-'? Phone (home)
Email Address
(cell)J09 Aoa FL.I? (work)
@., 0 U Length of time at residence a0
Employer sr! p
Experience or Special Knowledge Pertaining to Area of lnterest rn {-s 0il E8_,qL oawEERduG lnt 0a-).,t 0v [.n
Employment Experien
(0NrCJ-(.le\_,i
ceoil fll,tn n6-UE(9 Frn 6^f' F0Oolilrif
Organization, Community a nd/or Public Service Expenence n 0 0/{ 4
Education (high school, college, trade school or training) Therqis no specifi
r_l-[J(Jonr
c eduq3 tional r utr
t2 td2Vfva @^)
rnEa/
moPESfd f,,D//d1R CotLEGf, -
N t
I L
Do you have any financial or professional interest or association related to this position? Ilt"r.4 O/?LOL /h U
lf yes, please explain
No
&

8.A.1.a
Packet Pg. 259 Attachment: Planning Commission Interview Schedule and Applications (4) (Planning Commission Appointments/Reappointments) When are you available ,4c rJdn0Eto attend this commission/com m ittee/board regular and/or special meetings? o
ease list th ree references with telephone numbers: p Phone Phone
6 $t e7/
Phone o(t/ 7 ,1 ,f / 4X7
PI

7. 2.

3. Gfl (.

A resume containing other pertinent information about yourself would be helpful to the City Council in evaluating your application (Optional).

APPLICATION CERTIFICATION: PTEASE READ BELOW BEFORE SIGNING.

I certify that the statements made by me in this application are true, complete, and correct to the best of my knowledge and belief. I understand that statements made are subject to verification and that any misrepresentation, fraud, or omission of material facts may result in denial of a ppointment/reappointment.

I hereby authorize representatives of the City of Patterson to contact orBanizations (including employers and schools) and individuals listed, for the purpose ofestablishing or verifying my qualifications and work history in connection with this application. I understand and acknowledBe that such information will be used confidentially and for the purpose of appointment/reappointment decisions only.

I understand and hereby accept that if the City Council of the City of Patterson appoints/reappoints me to a City of patterson Commission/Committee/Board, I will serve without pay and will be subject to the filings of the Fair Political practices Commission lstotement oI Economic tntercst, Form 7001. I hereby further understand and accept that per City Ordinance No.718, if I am appointed/reappointed, lwill be required to pass a Depa rtment of lustice (DOJ) fingerprint (background) test.
p"t"&,- )o'Q d, Signatu re
File this a pplication with The City Clerk of
P.O. Box 667
e City Patterson
1 Plaza, 2nd Floor
Patterson, CA 95363
Web Site www.ci.pat terson.ca.us Email [email protected] Direct No. (209) 895-8014
(The City Clerk's Office will keep your application on file for one (1) year from the date stamped received)

8.A.1.a
Packet Pg. 260 Attachment: Planning Commission Interview Schedule and Applications (4) (Planning Commission Appointments/Reappointments) Clerk's Offlce Commission/Com m i erdn 2-et al' a 4
Tlme-- : 3:3cl
Application for Appointment or Reappoint ff\E?ftm-
(This is a Public Record Subject to Disclosure)
Name of Com mission/Com mittee/Board Planning Commission _ Appointment x Reappointment
Name of App lica nt Ronald B. West
Residence Street Address l3Q North Third Street _ citylgttqgon_Zip_9!43Ql_ Mailing AddressP.O. Box 1166 City Patterson rp 95363
Employer Ron West & Associates
Experience or Special Knowledge pertaining to Area of lnterest 45 yrs. in Director of FoMard Plannin positions, and land use consulting. 13 yrs. City Plan !!s_qg!L._ hairman. Professional involvement in hundreds of proiects in 5 counties Employment Experience
Director of Forward Plannin for B ht Devel ment Allen Grant Construction and Kaufman & Broad Self employed Land Use and Entitlement consutant past 25 years tt;t ty Organization, Community and/or public Service Experience Apartment Association of Central California: Board of Directors, President. Stanislaus CounW Area Aq€ ',,€ Governments (SAAG. now StanC oq) citizens Advlsory Committee: Member, Chairman. Tuolumne Rive r Y
Citizens Adviso Committee: Member Chairman. Coun Parks & Rec Comm.: 20 ear member Chait-,ir.,

3.C. 9c[tc-r- \ 0i.";tz,rr frrr.ri-2l t1tnr, sectrtan;
Education (high school, college, trade school or training) Note: There is no specific educational requirement
B.S., Social P
tr5\ir i
'fw ?+L Durtr& C
sychology & Phvs ical Education (BYU, 1970) Graduate work in Physu cal Education (Lonq Beach) Aquatic Proqram Specialist. L.A. Cou nty Parks & Rec Dept. YMCA Director. 20 year SCUBA & Commercial Diving lnstruq;i P. E. lnstructor. Moved to Vallev. had to learn land use, real estate, prooertv manaqeme nt, etc. bv doinq it. 45 years lf yes, please explain. I have recused mvself from the few proiects with Dotential conflicts, Commissioner , and expect to retire very soon with no future local proiects or clients as a Planning
'F
Phone (home)209 895-8895 (celt) same (work) same
EmailAddress [email protected] Length of time at residence 12 Vears ,:tDo you have any financial or professional interest or association related to this position? yes x No

8.A.1.a
Packet Pg. 261 Attachment: Planning Commission Interview Schedule and Applications (4) (Planning Commission Appointments/Reappointments) When are you available to attend this commission/committee/board regular and/or special meetings? As needed
Please list three references with telephone numbers:

1. Pat Maisetti, Past Mayor

2. Rick Barron Owner of Blues Cafe

3. Brian Bingham, Past Planning Commission Member
Phone
Phone
Phone
{Bu, €r4'
SciTSztrz
"t hb i.;tc'
A resume containing other pertinent information about yourself would be helpful to the City Council in evaluating your application (Optional).

APPLICATION CERTIFICATION: PLEASE READ BELOW BEFORE SIGNING. t certify that the statements made by me in this application are true, complete, and correct to the best of my knowledge and belief. I understand that statements made are subject to verificatlon and that any misrepresentation, fraud, or omission of material facts may result in denial of appointment/reappointment.

I hereby authorize representatives of the City of Patterson to contact organizations (including employers and schools) and individuals listed, for the purpose of establishing or verifying my qualifications and work hlstory in connection with this application. I understand and acknowledge that such information wlll be used confidentlally and for the purpose of appointment/reappointment decisions only.

I understand and hereby accept that if the Clty Council of the City of Patterson appoints,/reappoints me to a City of Patterson Commission/Committee/Board, I will serve without pay and will be sub.iect to the filings of the Fair Political Practices Commission (stdtement of Economic lnterest, Form 7001. I hereby further understand and accept that per City Ordinance No.718, if I am appointed/reappointed, I will be required to pass a Department ofJustice (DOJ) fingerprint (background) test.

Date February 15,2022 Signature
rc
File this application with: The City Clerk of the City of Patterson P.O. Box 557
i. Plaza,2nd Floor
Patterson, CA 95353
a
lb L),,
tu*J
L.^J
, hntrt. )
(The City Clerk's Office will keep your application on file for one (1) year from the date stamped received) Web Site www.ci.patterson.ca.us Email [email protected] Direct No. (209) 895-8014

8.A.1.a
Packet Pg. 262 Attachment: Planning Commission Interview Schedule and Applications (4) (Planning Commission Appointments/Reappointments) -(00:90-th9)
HdS t :9 zz0z/zz/zo
City Cle*'s Offrce
Date Recelved ,'aa'aa
Comm ission/Com mi d .a:a3 P..^
lnitiah
Application for Appointment or Reappointment
(This is a Public Reccrd Sub.ject to Disciosure)
ftA
Name of Commission/Committee/Boa Planning Commissin
--
Appointment x Reappointment
a
t
T
Name of Applica Dianna Anderson
Residence Street Address 1354 Snake Creek Drive Patterson '7i p 95363 Employ er Self-employed
Experience or 5pecial Knowledge Pertaining to Area of lnterest NYC Planning Commission, Assj't-to Councilperson, Community Activis{, Social Worker,YC Nehemiah Housing Plan Legal Knowledge
US Dept. Planning and Utuan Development-NYC Nehemiah Housing (increase homeowne.ship, improve neighborhoods) Employment Experience
Chiel Executivsotficer, Take Your Sisler Ztunch, Sisters iflc., US Begistered Trademark Director, NYC Homeless Famiiy Shelter
Social Worker, Allemative Family Services, Oakland, CA
Organization, Community and/or Public Service Experience African American Black Democralic Caucus, Panerson, CA
Pauent Advocate, Stanford Health Care, Pleasarflon, CA
Camp CEO-Giris Scouts Northern CA; Author, Just a Flsh Sandwich and God's Grace & Mercy; Creative Writing Teacher Education (high school, college, trade school or training) Note: There is no specific educatlonal requirement
Massachusetts School ol Law, Boslon, MassaciusetB
British-Am€rican U School ol Law, California, JD
College ol New Rochelle, New Yo.k, BA Pscyholoty
Do you have any financial or professional interest or association related to this position? YesI_No lf yes, please explain.

Mailing Address 1354 Snake Creek Drive City_latterso!-9$93_Zip_ @ (ceil) {7^991-!391__ (work) 347-661-5201
Email Address [email protected] Length oftime at residence 10 years

8.A.1.a
Packet Pg. 263 Attachment: Planning Commission Interview Schedule and Applications (4) (Planning Commission Appointments/Reappointments) -(00:90-t_H3)
HdSL:g zzoz/zz/zo
When are you available to attend this commission/committee/board regular and/or special meetings? Board regular and/or special meetings
Please list three references with telephone numbers:

1. Shawun Buth Anderson phone 92'209-6991

2. lJons Baldwin-Jenkins phone 404-550-9971
A i^esume containing othei pei'tinent inforniatiorrabout yourself would be helpful to the City Council in eva luating your application (Optional).

APPLICATION CERTIFICATION: PLEASE READ BELOW BEFoRE StGNtNG.

I certify that the statements made by me in this application are true, complete, and correct to the best of my knowledge and belief. I understand that statements made are subject to verification and that any misrepresentation, fraud, or omission of materia I fucts may result in denial of appointment/reappointment.

I hereby authorize representatives ofthe City of Patterson to contact organizations (including employers and schools) and individuals listed, for the purpose of establishing or verifying my qualifications and work history in connection with r,lt'rcapporntment dectsions oniy
--Ij:::i:il'. rr j f;tlla ourpose of
I understand and hereby accept that if the City Council of the City of Patterson a ppoints/reappoints me to a city of Patterson Commission/Committee/Board, I will serve without pay and will be subject to the fiJings of the Fair political Practices Commission (Statement ol Economic lnterest, Form 7@l- I hereby further understand and accept that per City ordina nce No. 718, if I am appointed/reappointed, I will be required to pass a Department of Justice (DoJ fingerprint (background) test.
9319 February 21 , 2022 Signature
File this application with: The City Clerk of the City of Patterson P.O. Box 667
L Plaza,2nd Floor
Patterson, CA 95363
Web Site www.ci.patterson.ca.us Email [email protected] Direct No- {209) 895-8014
(The city clerk,s Office will keep your application on file for one (1) year from the date stamped received) Z 01ft968602 uos.rapuV un^ eqS wd6!ll ZZ0ZZZ 9e1
phone 3a/,:410-4289

8.A.1.a
Packet Pg. 264 Attachment: Planning Commission Interview Schedule and Applications (4) (Planning Commission Appointments/Reappointments)

Patterson City CouncilApril 5, 2022

Patterson City Council
April 5, 2022